COLLECTIVE AGREEMENT BETWEEN THE BOARD OF GOVERNORS OF THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY AND THE

Transcription

1 COLLECTIVE AGREEMENT BETWEEN THE BOARD OF GOVERNORS OF THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY AND THE ALBERTA UNION OF PROVINCIAL EMPLOYEES LOCAL 038 JULY 1, 2010 JUNE 30, 2013

2 INDEX NUMERIC Article Title Page PREAMBLE 1 1 DEFINITIONS 2 2 JURISDICTION 3 3 APPLICATION 4 4 MANAGEMENT RECOGNITION 4 5 UNION RECOGNITION 5 6 LEGISLATION AND THE COLLECTIVE AGREEMENT 5 7 UNION MEMBERSHIP AND DUES CHECKOFF 6 8 EMPLOYER / EMPLOYEE / UNION RELATIONS 6 9 TIME OFF FOR UNION BUSINESS 7 10 POSITION OPPORTUNITIES 8 11 PROBATIONARY PERIOD 9 12 ATTENDANCE HOURS OF WORK MODIFIED OR COMPRESSED HOURS OF WORK OVERTIME ADDITIONAL EARNINGS / PAY ACTING INCUMBENT HUMAN RESOURCES FILE DISCIPLINARY ACTION GRIEVANCE PROCEDURE POSITION ABOLISHMENT LAYOFF AND RECALL ILLNESS AND DISABILITY IN THE WORKPLACE LONG TERM DISABILITY (LTD) HEALTH AND DENTAL PLAN INSURANCE PAID HOLIDAYS ANNUAL VACATION LEAVE SPECIAL LEAVE MATERNITY AND PARENTAL LEAVE COURT LEAVE LEAVE WITHOUT PAY SAFETY AND HEALTH EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE WORKERSʹ COMPENSATION SUPPLEMENT AMENDMENTS TO TERMS OF EMPLOYMENT TRAVEL AND SUBSISTENCE TOOLS, UNIFORMS AND PROTECTIVE APPAREL/CLOTHING CASHIER POLICY TUITION RATES OF PAY PENSION PLAN AND RETIREMENT SAVINGS PARKING SENIORITY NO DISCRIMINATION DEPENDENT SCHOLARSHIP PLAN EFFECTIVE DATE AND TERM OF AGREEMENT 47 LETTER OF INTENT Local Union Accommodation 48 LETTER OF UNDERSTANDING Out of Province Operations 48 LETTER OF UNDERSTANDING International Work Assignments 48 LETTER OF AGREEMENT Employee Management Advisory Committee 49 LETTER OF AGREEMENT Modified Hours of Work System Peace Officers & Related 49 LETTER OF UNDERSTANDING Teleworking/Telecommuting 50 LETTER OF UNDERSTANDING AUPE Employees Applied Research Activities 51 LETTER OF AGREEMENT One Time, Additional Vacation 51 LETTER OF UNDERSTANDING Dental Plan 52 LETTER OF AGREEMENT Employee Training Fund 56 LETTER OF AGREEMENT Employment of Students 56 LETTER OF AGREEMENT NAIT/AUPE Jurisdictional Review Process 57 LETTER OF UNDERSTANDING Forty (40) Hour Rates of Pay 57 SALARY SCHEDULES 59 i

3 INDEX ALPHABETICAL ArticleTitle Page 17 ACTING INCUMBENT ADDITIONAL EARNINGS / PAY AMENDMENTS TO TERMS OF EMPLOYMENT ANNUAL VACATION LEAVE 35 3 APPLICATION 4 12 ATTENDANCE CASHIER POLICY COURT LEAVE 39 1 DEFINITIONS 2 46 DEPENDENT SCHOLARSHIP PLAN DISCIPLINARY ACTION EFFECTIVE DATE AND TERM OF AGREEMENT 47 8 EMPLOYER / EMPLOYEE / UNION RELATIONS 6 34 EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE GRIEVANCE PROCEDURE HEALTH AND DENTAL PLAN HOURS OF WORK HUMAN RESOURCES FILE ILLNESS AND DISABILITY IN THE WORKPLACE INSURANCE 32 2 JURISDICTION 3 22 LAYOFF AND RECALL LEAVE WITHOUT PAY 40 6 LEGISLATION AND THE COLLECTIVE AGREEMENT 5 LETTER OF AGREEMENT Employee Management Advisory Committee 49 LETTER OF AGREEMENT Employee Training Fund 56 LETTER OF AGREEMENT Employment of Students 56 LETTER OF AGREEMENT Modified Hours of Work System Peace Officers & Related 49 LETTER OF AGREEMENT NAIT/AUPE Jurisdictional Review Process 57 LETTER OF AGREEMENT One Time, Additional Vacation 51 LETTER OF INTENT Local Union Accommodation 48 LETTER OF UNDERSTANDING AUPE Employees Applied Research Activities 51 LETTER OF UNDERSTANDING Dental Plan 52 LETTER OF UNDERSTANDING Forty (40) Hour Rates of Pay 57 LETTER OF UNDERSTANDING International Work Assignments 48 LETTER OF UNDERSTANDING Out of Province Operations 48 LETTER OF UNDERSTANDING Teleworking/Telecommuting LONG TERM DISABILITY (LTD) 30 4 MANAGEMENT RECOGNITION 4 30 MATERNITY AND PARENTAL LEAVE MODIFIED OR COMPRESSED HOURS OF WORK NO DISCRIMINATION OVERTIME PAID HOLIDAYS PARKING PENSION PLAN AND RETIREMENT SAVINGS 45 PREAMBLE 1 21 POSITION ABOLISHMENT POSITION OPPORTUNITIES 8 11 PROBATIONARY PERIOD 9 41 RATES OF PAY SAFETY AND HEALTH 41 SALARY SCHEDULES SENIORITY SPECIAL LEAVE 36 9 TIME OFF FOR UNION BUSINESS 7 37 TRAVEL AND SUBSISTENCE TOOLS, UNIFORMS AND PROTECTIVE APPAREL/CLOTHING TUITION 45 7 UNION MEMBERSHIP AND DUES CHECKOFF 6 5 UNION RECOGNITION 5 35 WORKERSʹ COMPENSATION SUPPLEMENT 42 ii

4 PREAMBLE This Agreement made this 20th day of September, BETWEEN: The Board of Governors of the Northern Alberta Institute of Technology (hereinafter referred to as the Employer) of the first part and The Alberta Union of Provincial Employees (hereinafter referred to as the Union) of the second part and WHEREAS, the Union has the sole right to negotiate and conclude a Collective Agreement on behalf of the Support Staff Employees of the Board (being Local 038 of the Union) pursuant to the Public Service Employee Relations Act; and WHEREAS, the Parties are mutually desirous of entering into a Collective Agreement, with the intent and purpose to promote a harmonious relationship between the Employees and the Employer, and to set forth in this Collective Agreement rates of pay, hours of work and conditions of employment. NOW THEREFORE, the Parties hereto mutually agree as follows: 1

5 ARTICLE 1 DEFINITIONS 1.01 In this Agreement, unless the context otherwise requires: (c) (d) (e) (f) (g) (h) (i) a word used in the masculine gender applies also in the feminine; a word used in the singular may also apply in the plural; "Board" means The Board of Governors of the Northern Alberta Institute of Technology; "Employee" means a person employed by the Board under authority of the Postsecondary Learning Act who is in the bargaining unit covered by this Collective Agreement, and who is employed in one of the following categories: (i) (ii) (iii) permanent service which covers all employees appointed to full-time or parttime positions, on either a continuing basis (twelve (12) months each year) or recurring basis (periods greater than six (6) months but less than twelve (12) months each year and who are paid a salary; or temporary service which covers all employees appointed to full-time or part-time positions for the purpose of additional work, replacement of permanent employees or special projects not anticipated for a continuous or recurring basis; or casual service which covers all employees hired for full-time or part-time casual employment and who are paid an hourly rate. "Probationary Employee" means a person who is serving a probationary period; "Employer" means the Northern Alberta Institute of Technology; "Permanent Position" means a position, the duties of which are of a continuing nature; "Temporary Position" means a position established to cover a workload that is predictable and regular, but for a limited period. Temporary Employees hired for a period of continuous employment in the same position in excess of twenty-four (24) months, shall become Permanent Employees. Temporary employment for a period beyond twenty-four (24) months may be exempted from the provisions of this clause by mutual agreement between the Employer and the Union. "Casual Employment" is non-permanent employment on an hourly basis. Continuous casual employment in the same class and job shall not normally extend beyond the end of the pay period during which the Employee's accumulated time in the fiscal year reaches 1000 hours, unless extended by the mutual agreement of the Union and the Employer, after which time if the employment is to continue, the Employee shall be appointed to a temporary position; (j) "Weekly Salary" means bi-weekly salary divided by two (2); (k) (l) (m) (n) (o) "Annual Salary" means twenty-six (26) times the bi-weekly salary rate applicable to a classification, except that Acting Incumbency Pay shall be included for overtime calculations only; "Work Day" means any day on which an Employee is normally expected to be at his place of employment; "Hourly Rate" means the bi-weekly salary divided by the bi-weekly hours related to the Job Code; "Pay Range" means the salary steps assigned to a class within the salary schedule; "Multiple Pay Ranges" means a combination of two or more successive pay ranges assigned to a class; 2

6 (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) "Step" means a single salary rate within the pay range; "Minimum Salary" means the lowest step of the pay range assigned to a class; "Maximum Salary" means: (i) the highest step of the highest pay range assigned a class; or (ii) the job rate assigned to a class. "Increment" means the difference between one step and the next step within the same pay range; "Dismiss" means to terminate an Employee's employment relationship with the Board, for cause; "Designated Officer" means a person who is authorized, on behalf of the Employer, to deal with grievances; "Local" means Local 038 of the Alberta Union of Provincial Employees; "Union" means The Alberta Union of Provincial Employees; "President" means the Chief Executive Officer of the Northern Alberta Institute of Technology; "Union Steward" means an Employee in the Bargaining Unit nominated and assigned to act on behalf of Employees; "Discipline" means a reprimand, suspension, demotion, or dismissal, taken against an Employee, for cause; "Month" means a calendar month; "Arbitration Board" means an arbitration board established for settlement of differences as described in this Agreement; " Consultation" means the process of clearly communicating a tentative idea, allowing sufficient time for a response given the situation, and considering the response before a final decision is made. "Week" means a seven (7) day period beginning on a Sunday. ARTICLE 2 JURISDICTION 2.01 The provisions of this Agreement apply as specified in Article 3 to all Employees of the Board deemed to be certified as a Bargaining Unit pursuant to the Public Service Employee Relations Act (PSERA) This agreement will not apply to persons who are agreed between the parties to be excluded from the bargaining unit, or who have been determined by the Labour Relations Board to be excluded under the provisions of the Public Service Employee Relations Act (PSERA) The provisions of this Agreement do not apply to students whose employment is contemplated by the curriculum of a course in which the student is enrolled, such as work placement or a cooperative experience program, nor to persons employed under special Federal or Provincial programs such as the Summer Temporary Employment Program. Any student employed under this provision or any other provision shall not displace other permanent, temporary or casual employees and the employment of students shall not result in the abolishment or layoff of any other employee. 3

7 3.01 This Agreement applies to an Employee: ARTICLE 3 APPLICATION employed in a permanent position; and employed in a temporary position except that: (i) (ii) Article 21, Position Abolishment, shall not apply, and Apprentices shall not have access to Article 20, Grievance Procedure, for termination of employment as a result of either: failure to comply with the terms and conditions of the Apprenticeship and Industry Training Act and/or regulations; or the unavailability of tradesmen positions upon completion of the Apprenticeship program Where applicable, the provisions of this Agreement shall be applied on a pro-rata basis to Employees employed on a part-time basis Employees hired for casual employment will qualify for the terms and conditions of this Agreement, except that the following shall not apply: Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 35 Position Abolishment Layoff And Recall Illness and Disability in the Workplace Long Term Disability (LTD) Health and Dental Plan Insurance (except that Accidental Death and Dismemberment for Board business travel shall apply) Paid Holidays (except that shall apply) Annual Vacation Leave Special Leave Maternity and Parental Leave Workers' Compensation Supplement 3.04 Notwithstanding Clause 3.03, an Employee hired for casual employment shall receive: Six per cent (6%) of his regular hourly wage earnings in lieu of annual vacation entitlement, Article 28, in addition to his regular hourly wage earnings, and Five point two per cent (5.2%) of his regular hourly wage earnings in lieu of paid holidays, Article 27, in addition to his regular hourly wage earnings. ARTICLE 4 MANAGEMENT RECOGNITION 4.01 The Union recognizes that all functions, rights, powers and authority which the Board has not specifically abridged, delegated or modified by this Agreement are retained by the Board In administering this agreement the Employer shall act in a consistent manner. 4

8 ARTICLE 5 UNION RECOGNITION 5.01 The Employer recognizes the Union as the exclusive bargaining agent for all Employees covered by this Agreement. The Employer shall not recognize any Employee or group of Employees as representing the Union, nor shall the Employer enter into any separate agreement(s) with an Employee, a group of Employees or a Union Steward which compromises the terms or conditions of employment contained in this Agreement without the prior written approval of the President of the Union The Parties agree that there shall be no discrimination or coercion exercised or practiced with respect to any Employee for reason of membership or legitimate activity in the Union The Board agrees that the Union shall be the sole Bargaining Agent for the incumbents of those positions which are included in classifications set out in the Salary Schedules of this Agreement as defined in Article 1 and all new employees of those existing and newly created positions The Employer will provide bulletin board space for use of the Union at locations on the Employer's premises which are accessible to Employees. Sites of the bulletin boards are to be determined by the Employer and the Union. Bulletin board space shall be used for the posting of Union and Local information directed to its members and shall be maintained by Local 038. The Employer will work with the Union in establishing the appropriate electronic linkages between the NAIT web page and the AUPE web page The Employer will allow the Union and its members use of the internal postal service and will provide the Local and Stewards with individual mail boxes, at no cost, for distribution of Union literature. The Union will provide a list of the names of Stewards at least semi-annually to Materials Management (Internal mail). The Employer will provide each member with an address and account. The Employer will provide the Union and its members use of the NAIT system, subject to normal NAIT protocols An Employee shall have the right to wear or display the recognized insignia of the Union, however, no such insignia larger than a lapel pin shall be worn on issue clothing or uniforms, nor shall an insignia be displayed on Employer's equipment or facilities. ARTICLE 6 LEGISLATION AND THE COLLECTIVE AGREEMENT 6.01 All provisions of this Agreement are subject to applicable laws now or hereafter in effect. If any law now existing or hereafter enacted, by the Government of Alberta or Canada, or proclamation or regulation shall invalidate or disallow any portion of this Agreement, the remainder of the Agreement shall remain in force In the event that any Articles of the Agreement are affected by legislation, these affected Articles shall be renegotiated within 90 days of the change in legislation. Any disagreements concerning the renegotiation shall be subject to Article (Level 3 of the Grievance Procedure) Where a difference arises out of the provisions contained in an Article of the Collective Agreement, and the subject matter is also covered in Employer Regulations, Guidelines, Directives or Policies, the Collective Agreement shall supersede the Regulations, Guidelines, Directives or Policies. 5

9 ARTICLE 7 UNION MEMBERSHIP AND DUES CHECKOFF 7.01 All Employees covered by this Agreement shall become members of the Union as a condition of employment. An Employee who has a religious objection to becoming a member of the Union shall be permitted to opt out of membership by providing the Union with a signed statutory declaration outlining the objection within sixty (60) consecutive calendar days from the date of commencement of employment, but such Employee shall continue to pay Union dues All Employees covered by this Agreement, except those receiving LTDI benefits, shall be required to pay Union dues. The Employer shall, therefore, as a condition of employment, deduct each pay period the amount of the Union dues as set out by the Union from the pay of all Employees covered by this Agreement The Employer shall remit electronically the Union dues deducted from the pay of all Employees to an account specified by the Union no later than the end of the following pay period. Where an accounting adjustment is necessary to correct an over or under payment of dues, it shall be effected in the succeeding two (2) pay periods. A report of the deductions remitted is forwarded electronically to the Union and includes particulars identifying each Employee showing Employee number, Employee Name, Address, City, Postal Code, Service Date, Dept ID, Job Code, Job Code Description, Job Status, Gross Pay and the Current Amount of Dues. Further, the Employer shall provide to the Union, once every two (2) pay periods, a list containing the name and last known address of current recipients of Long Term Disability Insurance The Union shall advise the Employer, in writing, of any change in the amount of dues to be deducted from the Employees covered by this Agreement. Such notice shall be communicated to the Employer at least thirty (30) days prior to the effective date of the change The Employer shall notify the Union, monthly, of the names of new Employees hired for positions in the Bargaining Unit The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article. ARTICLE 8 EMPLOYER/EMPLOYEE/UNION RELATIONS 8.01 The Employer shall grant Union representatives access to its premises, subject to prior notification being provided to the Human Resources Office Local Union membership meetings may be held on Employer premises, subject to prior notification to the Employer. The Local agrees to minimize the set-up, reorganization, and cleaning of facilities used for such meetings. The arrangements of the meeting shall be subject to mutual agreement The Employer recognizes the Union Steward as an official representative of the Union and acknowledges the right of the Union to nominate and assign Employees in the Bargaining Unit as Union Stewards The Union shall determine the number of Union Stewards, having regard to the plan of organization, and the distribution of Employees at the work place in order to minimize the impact of Stewards' time off to the Steward's work unit. The Union and the Employer shall consult when difficulties arise. On a quarterly basis, the Local will provide the Employer with the names of all assigned Union Stewards. 6

10 8.05 The Union and the Employer desire every Employee and Supervisor to be familiar with the provisions of this Agreement. For this reason the Employer and Union shall cooperate in printing sufficient copies of the Agreement for distribution to Employees, and shall share equally the printing costs. (c) (d) The Chairperson of the Local or his designate will provide the Employee with a copy of the Collective Agreement and any other materials the Union deems necessary. A new Employee shall be advised of the name and location of his Union Steward by the Chairperson of the Local (or his designate). The Employer shall provide the Local with a list of new Employees hired in the bargaining unit and their organizational unit/department at least monthly The following list of reports identified in the Collective Agreement to be provided as outlined: Report Provided To Frequency Dues Deduction (7.03) Union Bi-weekly LTD Recipients (7.03) Union Monthly New Hires (7.05,8.05) Union, Local Monthly Designated Officers (20.03) Employees Posting Seniority List (22.14) Chairperson of Local Semi Annually EI rebate (34.03) Chairperson of Local Quarterly Student Employee Union Monthly Excluded persons Union, Local Workflow determined New positions Union, Local Workflow determined Students/position Union, Local Monthly Temporary Employees Union, Local Workflow determined WCB Statistical Information Union, Local Annually Retirees Union, Local Workflow determined Terminations & position abolishments Union, Local Workflow determined Layoffs/ Recalls Union, Local Workflow determined 8.07 The Employer and the Local shall ensure that an ongoing process is in place to provide new Employees with the following: a current Collective Agreement and a list of the current Local Executives and Union Stewards. ARTICLE 9 TIME OFF FOR UNION BUSINESS 9.01 Subject to Clause 9.03, time off, without loss of regular earnings, will be provided to those Employees who have been designated by the Local as authorized Local representatives to conduct official Union business for time spent: (c) (d) (e) (f) meeting with representatives of the Employer, not to exceed two (2) of a committee of six (6) members, during the formal negotiating of a Collective Agreement; by a Union Steward for the purposes of Employee support including investigating a complaint; in discussing written grievances as outlined in the grievance procedure; and at a disciplinary interview; attending the Employee Management Advisory Committee meetings, with Local representation of up to six (6) in number; meeting with the Employer at formal Safety Committee meetings during normal working hours, and for meetings of the Joint Work Site Health and Safety Committee as provided by the Occupational Health and Safety Act; attending Employer initiated Employee Assistance Program meetings; attending the Employer orientation sessions for new Employees; 7

11 (g) participating in other Employer initiated meetings where the Employer deems that Local representation is required Subject to Clause 9.03, time off, without pay, shall be provided to Union Members on the following basis: members elected as delegates to attend the Annual Convention of The Alberta Union of Provincial Employees; members designated as delegates representing the Union at Conventions of other Employee organizations; (c) members designated to attend Union Seminars and Conferences. It is understood that, wherever possible; (d) members of the Union Executive Committee, to attend meetings; (e) members of the Provincial Executive of the Union, to attend general meetings; (f) members of the Provincial Executive Standing Committees of the Union to attend regular committee meetings; (g) Members of the Local 038 Bargaining Committee, not to exceed twelve (12) members, three days to prepare for negotiations before the formal negotiations begin; (h) four (4) of six (6) members of the Local 038 Bargaining Committee, for time spent meeting with representatives of the Employer during the formal negotiation of a collective agreement and for Union preparatory meetings during these negotiations; (i) The Chairperson of the Local shall collectively be relieved of up to ten percent (10%) of a FTE (full time equivalent) to attend to Local Union business In the foregoing provisions time off shall be granted except where operational difficulty will arise. The Union shall provide the Employer s Human Resources Office with a copy of the request for time off. Employees shall provide a minimum of five (5) work days notice when requesting time off under Clause 9.02; however, consideration may be given in cases where the five (5) work days notice is not provided To facilitate the administration of Clause 9.02, the Employer will grant the leave of absence with pay and invoice the Union for the Employee's salary and applicable allowances, or the replacement salary costs, whichever is greater. The Employer shall bill the Union within sixty (60) days of leave of absence and the Union shall make payment within thirty (30) calendar days of the date of receipt of the invoice. ARTICLE 10 POSITION OPPORTUNITIES All vacant permanent and temporary positions of six (6) months or greater, in the Bargaining Unit, which are to be filled, shall be posted for a minimum of five (5) work days. Appointments without a posting may be made where a Temporary Employee has filled a temporary position for one year or more, and the position becomes available for permanent status. In such cases, there shall be mutual agreement between the Union and the Employer. This Clause does not relate to the granting of permanent status to a temporary Employee in accordance with Clause 1.01(h) The Employer agrees that where the relevant skill, qualifications and experience of the most suitable applicants are equal, the most senior of those applicants will be given preference. Seniority for the purposes of this Article is the definition contained in Article Eligibility lists are lists of qualified candidates from previous competitions. These lists will be provided by Human Resources to the Chairperson of the Local prior to being used in any subsequent competitions. 8

12 10.04 Where a break in service occurs as a result of the termination of a temporary position, the incumbent, subject to satisfactory performance and subject to Clause 3.01(ii) of this Agreement, shall be given preference over external candidates for employment in that temporary position in the event the position is re-established within twelve (12) months If, within one (1) month after the appointment of a successful applicant to a position filled through competition: the Employee finds that the position is unsuitable, he will be allowed; or the Employer concludes that the Employee is unsuitable for the position, the Employee may be required; to transfer back to his former position or to a position with a comparable salary range and category. An Employee transferred under this Clause shall be treated in all respects as if he had remained in his original position Permanent employees who are selected for a temporary position, upon completion of the assignment, will revert to their previous or equivalent permanent position. Such temporary opportunities shall not normally exceed twenty-four (24) consecutive months, except when related to Applied Research activities per the Letter of Understanding AUPE Employees Engaged in Applied Research Activities. ARTICLE 11 PROBATIONARY PERIOD All Employees shall serve an initial probationary period starting on the last date of hire with the Employer. The probationary period is intended to provide an opportunity for the new Employee to evaluate the work situation and demonstrate the skill, knowledge and overall suitability required for the role. It also allows the Institute to assess the skills, knowledge, performance and overall suitability of the Employee for the role Exceptions may include: An Employee who has previously been employed by the Employer may, at the discretion of the Employer have all or part of such previous employment considered as part of the probationary period as specified for the classification. A temporary Employee whose position is made permanent with no change in job duties shall be credited with all continuous service in that position, for purposes of completing the required probationary period. (c) On conversion from casual to temporary or permanent salaried status with no change in duties, an Employee's unbroken casual service shall be credited towards completion of the probationary period. (d) Where an Employee is transferred through competition, reclassified, or promoted before completing his probationary period, the Employer may require that he serve a full probationary period in his new position. (e) The period of probation may be extended by agreement of the Employee's Union Staff Representative and the Employer and for periods of approved leaves of absence exceeding twentyeight (28) calendar days The period of probation shall be twelve (12) months subject to below. The probationary period for Employees in the following classes shall be six (6) months F041 Administrative Support I 0042 F042 Administrative Support II 0043 F043 Administrative Support III 0501 F501 Stores Clerk 0503 F503 Stockkeeper I 0504 F504 Stockkeeper II 0603 Artist I 0801 Duplicating Equipment Operator I 0825 Bindery Equipment Operator I 9

13 0826 Bindery Equipment Operator II 1308 Technical Aide 1309 Technologist I 1310 Technologist II 2213 Electronics Technologist I 2612 Maintenance Service Worker I 2613 Maintenance Service Worker II 2614 Maintenance Service Worker III 2700 Tradesman I (includes all Trades) 2800 Tradesman II (includes all Trades) 3002 Residence Custodian 3003 Heavy Duty Caretaker 3013 Building Patrol Officer 3101 Groundsworker I 9172 Occupational Health Technician 9184 Nurse I 9185 Nurse II 9451 Service Worker 9452 Cook 9534 Laboratory Technician I 9535 Laboratory Technician II ARTICLE 12 ATTENDANCE An Employee who is absent from duty without prior authorization shall communicate daily, the reason for his absence to the immediate supervisor or designate at his place of work as soon as reasonably possible, but normally within two (2) hours of normal starting time An Employee on authorized leave of absence and/or illness for an indeterminate period shall notify the immediate supervisor or designate at his place of work of his intention to return to work in the following manner: an Employee reporting for day work shall normally give notice during the preceding work day; an Employee reporting for work on an afternoon or a night shift shall normally give notice no later than noon of the day immediately preceding his return to work An Employee who is on a leave of absence for a fixed period of twenty (20) work days or more, and who wishes to return to work prior to the expiration date of that leave of absence shall apply to the immediate supervisor or designate at his place of work at least five (5) work days prior to the desired date of his return An Employee is required to provide the Employer with ten (10) work days prior written notice of resignation if he wishes to resign in good standing An Employee who absents himself from his employment and who has not informed the Employer shall after three (3) consecutive work days of such unauthorized absence be considered to have abandoned his position and will be deemed to have resigned, unless it is subsequently shown by the Employee that circumstances beyond his control prevented him from reporting to his place of work or prevented him from contacting his employer Employees who have left NAIT after the expiry of this agreement and prior to a new agreement being ratified, must apply in writing to Human Resources providing appropriate contact information and a request for eligible retroactivity no later than sixty (60) days following ratification of any new collective agreement. 10

14 ARTICLE 13 HOURS OF WORK The normal hours of work for Employees covered by this Agreement shall be forty (40) hours per week (8 hours per day) or thirty-six and one-quarter (36 1/4) hours per week (7.25 hours per day) as specified in the biweekly salary schedule, or the equivalent of the above on a monthly, quarterly, or annual basis Normal hours of work will fall between 7:30 am and 5:30 pm, Monday to Friday, with Saturday and Sunday being the normal days of rest. Normally the two (2) days of rest will be consecutive and include at least one of either Saturday or Sunday. However, for operational reasons, the employer reserves the right to schedule shifts outside these times and days Where a change is made in the Employee s hours of work with less than 24 hours notice, or without mutual agreement between the Employee and Employer, the Employee shall be paid at one and one-half (1 ½ X) times his regular pay for that shift Scheduling Changes For Food Services employees only, shall not apply and changes in hours of work and the allocation of additional hours (not regularly scheduled) may be offered on the basis of the following equal factors - employee skills, availability, category and seniority, and mutually agreed to by the employee and the supervisor. Where a change is made in the Employee s work schedule, a minimum of fourteen (14) calendar days notice shall be provided. Should this notice not be provided, the Employee shall be paid at one and one-half (1 ½ X) times for all hours worked on the first day of the changed schedule. (c) (d) For Food Services employees only, shall not apply and changes in the work schedule and the allocation of additional hours (not regularly scheduled) may be offered on the basis of the following equal factors - employee skills, availability, category and seniority, and mutually agreed to by the employee and the supervisor. Where a disaster arises (for example: fire, flood), the Employer may make temporary changes as required without notice to the employee. Such changes will not remain in effect for more than 2 weeks. This provision will not be used repeatedly so as to circumvent the requirement for notice given above. Employees in shift-based operations may request a shift change and a list of such individuals will be maintained. When requested shifts become available, they shall be offered to those Employees on the list considering operational factors including seniority. Employees who elect to change their shifts and have agreed to change shifts without normal notice, shall not be eligible for overtime pay for those hours worked In shift-based operations, work schedules shall be posted at least fourteen (14) calendar days prior to the commencement of the first shift. For all Food Services Employees, shall not apply and the work schedule shall be posted on Thursdays no later than 12:00 pm (noon) for the following calendar week. 11

15 13.06 Employees covered by this Agreement shall normally receive two (2) fifteen (15) minute paid rest periods in each work period in excess of six (6) hours, one (1) period to be granted before the meal break and one (1) to be granted after. An Employee working a period of more than two (2) hours but not more than six (6) hours shall be granted one (1) rest period. Rest periods shall normally be taken at the work site and shall not normally be granted within one (1) hour of commencement or termination of work period A meal period of not less than one-half (1/2) hour and, not more than one and one-half (1 1/2) hours shall be granted to all Employees at approximately the mid-point of each work period that exceeds four (4) hours. Such meal period shall be without pay An Employee who is directed by his supervisor to remain due to a specific assignment at his station of employment during his meal period, shall be paid for such meal period at the applicable overtime rate or be granted time off in lieu to be taken at a mutually agreeable time An Employee shall not be required, without his agreement, to work a split shift Time spent traveling on authorized business (including Article 9) during an employee s regularly scheduled shift (or on pre-authorized overtime) shall be considered hours worked and will be paid at the applicable rate of pay. ARTICLE 14 MODIFIED OR COMPRESSED HOURS OF WORK The Parties agree that the Employer may implement, or an Employee may propose a compressed or modified hours of work system under conditions as provided in this Agreement Modified hours of work would be a change to start or end times resulting in an increase to the normal daily hours of work and normal weekly hours of work (example: a 10 or 12 hour shift rotation or a change to your start or end times and days of rest to become more flexible to meet operational requirements) Compressed hours of work would be an increase in daily hours of work with a corresponding reduction in the normal work rotation to facilitate a day off in the pay period or rotation (example: in a bi-weekly pay period, working 9 out of 10 work days at extended hours to earn the tenth day off with pay) Where shifts and/or hours of work, as described above, are proposed, the following terms will apply: (c) (d) (e) the proposed terms must not result in a gain or loss in benefits or rights under this Agreement, and the proposal will not negate any terms in the Agreement; and any modifications must be specified in writing, including the positions or individuals to whom it will apply. a proposal may only be implemented where the Union and the Employer s Human Resources Department have agreed, in writing, to how relevant terms and conditions of this Collective Agreement will or will not apply to affected Employees. The majority of the employees affected must approve the proposal. once a proposal has been implemented, the terms may only be changed by mutual agreement of the parties. once the proposal has been agreed to, a signed copy will be provided to each affected employee and each new hired employee. 12

16 14.03 If the Employer and a majority of the Employees employed in a work unit propose to adopt a compressed or modified work week system, all Employees employed in that unit may be required to participate in that compressed or modified work week system and Clause shall not apply The Employer has the sole right to determine the number of Employees who are required to be at work. Upon entering into a compressed or modified work week system, however, the Employees are entitled to have the first opportunity to plan their work schedule whereby they may arrange their starting times, lunch periods, and finishing times on a daily basis, in keeping with the Employer s operational requirements. Employees shall have the opportunity to make up lost time during the flex period due to late arrival, subject to the approval of the Employer In the event the compressed or modified work week system does not result in the provision of a satisfactory service to the public, or is deemed by the Employer to be impractical for other reasons, the Employer may require a return to regular times of work, in which case Employees shall be provided with an advance notice of one (1) month Subject to 14.03, an Employee who is working according to a modified work system may opt for regular times of work by providing the Employer with an advance notice of one (1) month Where applicable, these provisions outlined in Clause (c) above shall have full force and effect in lieu of other Articles of this Collective Agreement. ARTICLE 15 OVERTIME An Employee may be required to work hours beyond regularly scheduled hours to overcome unexpected workloads and to meet extraordinary situations. Such overtime shall be preauthorized, documented by the Employer, and provided to the Employee. The workload and situations must be discussed in order for authorization to be given An Employee may occasionally be required to work extra time, up to fifteen (15) minutes, immediately following closing time, or to brief an oncoming shift, without payment. This extra time will not be scheduled. However, if the unscheduled extra time exceeds fifteen (15) minutes, a minimum of one-half (1/2) hour overtime compensation will be paid, with compensation thereafter in accordance with Clause An Employee, who has been authorized to work overtime, shall be compensated as follows: For overtime hours worked on a regularly scheduled work day, at time and one-half (1 1/2x) his regular hourly salary for the first two (2) hours worked in excess of his regular daily hours and at double (2x) his regular hourly salary for hours worked in excess of two (2) hours. For overtime hours worked on day(s) of rest: (i) (ii) at time and one-half (1 1/2x) his regular hourly salary for all hours worked up to the equivalent of full normal daily hours and double (2x) time for additional hours worked thereafter, on a compressed work week day off or on his regularly scheduled first day of rest; and at double (2x) his regular hourly salary for all hours worked on subsequently scheduled day(s) of rest in that rest period. 13

17 (c) (d) For purposes of this Clause, authorized travel on Employer business shall be considered working hours and when authorized outside of normal working hours, or on a regularly scheduled day of rest, the overtime rates of this Clause shall apply except that an Employee shall not be compensated for travel spent proceeding to and from usual place of work and residence. For the purpose of applying this article to casual employees, day of rest shall mean the sixth (6th) or seventh (7th) day on which work is assigned within one week Compensatory time off with pay in lieu of a cash settlement may be claimed by the Employee. Time off accumulated as a result of overtime worked shall be taken at a mutually agreeable time within the next twelve (12) months or paid out in cash at the expiration of the twelve (12) months An Employee who requests for personal reasons, and who as a result of such a request, is authorized to work daily or weekly hours in excess of his normal requirements, shall be compensated for the extra hours worked at straight time rates. It is not the intent of this Clause to deny overtime rights to an Employee An Employee who is required by the Employer to attend a training course or seminar on his normal day of work shall be paid at straight time rates for the hours spent on training to a maximum of his normal daily hours of work for that period. (c) An Employee who is required by the Employer to attend a training course or seminar on a regularly scheduled day of rest, shall be granted a day off in lieu at some other time, or if impractical to grant time off, he shall be paid at straight time rates for the hours spent on training to a maximum of his normal daily hours of work for that period. An Employee who is required by the Employer to attend a training course or seminar which necessitates travel outside of the urban area in which he is employed shall be compensated at straight time rates for the actual hours spent in travel provided such travel time is in excess of his normal daily or weekly hours of work Overtime payment or compensatory time off shall be calculated to the nearest quarter (1/4) hour Part-time salaried Employees working less than the normal hours of work stated in Clause who are required to work longer than their usual daily or weekly hours shall be paid at the rate of straight time plus five point two per cent (5.2%) for the hours so worked until they exceed the normal daily or weekly hours for full time Employees in the same Class, after which the overtime provisions of Clause shall apply An Employee who works three (3) hours or more of overtime immediately following the completion of his normal hours of work shall be entitled to an unpaid meal break. The Employee shall be reimbursed for the cost of the meal, on production of receipt in accordance with the NAIT Travel and Subsistence Guidelines Where Employees are working flexible hours, or a modified work week, the terms and conditions as provided in Article 14 of this Agreement shall apply. ARTICLE 16 ADDITIONAL EARNINGS/PAY Shift Differential/Weekend Premium Where, because of operational requirements, an Employee is scheduled to work shifts (afternoons or nights), that Employee shall receive one dollar and ten cents ($1.10) per hour for working a shift where the majority of the hours in such shift fall between 4:00 p.m. and 8:00 a.m. 14

18 16.02 For the purposes of this Article, a shift refers to the daily equivalent of the normal hours of work as set out in Article 13. A casual or part-time Employee who works less than the daily equivalent of the normal hours of work shall be paid shift differential if he works a minimum of four (4) hours within the period of 4:00 pm and 8:00 am An Employee who works Saturdays or Sundays as part of his regularly scheduled work week, shall receive a weekend premium of seventy-five cents ($0.75) per hour for each hour worked from midnight Friday to midnight Sunday. The weekend premium shall not be paid to an Employee who is not regularly scheduled to work weekends and receives overtime compensation for working Saturday or Sunday as a day of rest Where applicable, an Employee shall receive both shift differential and weekend premium. At no time shall shift differential or weekend premium be included with the Employee's regular rate of pay for purposes of computing overtime payments, other premium payments, or any Employee benefits, other than pension, nor shall shift differential or weekend premium be paid with respect to any hours paid at overtime rates. Call Back Subject to Clause 16.07, when an Employee is called back to work by his supervisor for a period in excess of two (2) hours, including time spent traveling directly to and from work, he shall be paid at the applicable overtime rate for hours worked pursuant to Article 15 and in no instance shall more than one provision apply. For such call back on a paid holiday, the rate of pay shall be time and one half (1 1/2x) for all hours worked up to the equivalent of full normal daily hours and double (2x) time for additional hours worked thereafter Subject to Clause 16.07, an Employee who is called back to work one or more times within a two (2) hour period, and for whom the time worked and the time spent traveling directly to and from work totals two (2) hours or less, shall be paid at straight time for a minimum of three (3) hours There shall be no minimum guaranteed compensation nor compensation for time spent traveling if the call back is contiguous with a normal working period. Reporting Pay A casual Employee shall be paid a minimum of three (3) hours pay at his hourly rate when an expected work period is cancelled with less than twenty four (24) hours notice. Standby Pay When an Employee is designated to be immediately available to return to work during a period in which he is not on regular duty, he shall be paid the amount of one-half (1/2) hour's pay at his regular rate for each four (4) hours on standby or major portion thereof on a day that is not a paid holiday. For standby on a paid holiday, the payment shall be one (1) hour's pay at the regular rate for each four (4) hours on standby or major portion thereof When an Employee, while on standby, is unable to report to work he shall notify the Employer of his unavailability to fulfill his obligations. No standby pay shall be granted for any periods of standby in which the employee is unavailable When an Employee is called back to work during a period in which he was on standby, he shall be compensated pursuant to Clause for the hours he was on standby and paid pursuant to Articles 16.05, and for the hours worked on call back An Employee shall not normally be required to standby on two (2) consecutive weekends or two (2) consecutive Paid Holidays, where other qualified staff is available. Telephone Consultation When an employee, who has been assigned to an on-call duty or is off-duty, is consulted by telephone and is authorized to handle client-related matters without returning to the work place, the following will apply: An employee who has not completed seven and one-quarter (7 ¼) hours of work in the day or thirty-six and one-quarter (36 ¼) hours of work during the week shall be paid at his basic 15

19 rate of pay for the total accumulated time spent on telephone consultation(s), and corresponding required documentation. If the total accumulated time spent on telephone consultation(s), and corresponding required documentation is less than thirty (30) minutes, the employee shall be compensated at his basic rate of pay for thirty (30) minutes. An employee who has completed seven and one-quarter (7 ¼) hours of work in the day or thirty-six and one-quarter (36 ¼) hours of work during the week shall be paid at the applicable overtime rate for the total accumulated time spent on telephone consultation(s) and corresponding required documentation. If the total accumulated time spent on telephone consultation(s) and corresponding required documentation is less than thirty (30) minutes, the employee shall be compensated at the applicable overtime rate for thirty (30) minutes. ARTICLE 17 ACTING INCUMBENT To receive acting incumbency pay, an Employee shall be designated by the responsible manager to perform the principal duties of the higher level position for a minimum period of four (4) consecutive work days, during which time he may also be required to perform some of the duties of his regular position. On completion of the minimum four (4) day qualifying period in an acting incumbency position, an Employee shall be eligible for acting incumbency pay for the total period of acting incumbency, including the four (4) day qualifying period. Acting provisions shall not apply where an Employee is designated only limited additional duties Where an Employee is designated to be an acting incumbent in a position, his salary may be determined in accordance with the following provisions: if he is designated to act in a position in a classification with an assigned grade the maximum of which is less than one (1) increment higher than the maximum of his current grade assignment, his acting salary shall be the lowest period in the new grade that exceeds his current salary provided the maximum salary assigned the classification is not exceeded; (c) if he is designated to act in a position in a classification with an assigned grade the maximum of which is at least one (1) increment higher than the maximum of his current pay grade assignment, his acting salary shall be the lowest period in the new grade that exceeds his current salary except if the increase is less than one (1) increment, in which case his salary shall be adjusted to the period next higher than the lowest period that exceeds his current salary provided the maximum salary assigned the classification is not exceeded; if he is designated to be an acting incumbent from a classification with no pay grade assignment to a classification with a pay grade assignment, his salary is that period in the new grade which is higher than his current salary, except if this increase is less than four percent (4%) in which case his salary is the next higher period It is understood that normally only one acting incumbent may be designated as a result of any one (1) Employee's absence When an Employee who has been the acting incumbent of another position returns to his regular position, his salary and merit increment date shall be readjusted to that which would have been in effect if he had continuously occupied that position The designation of acting incumbency shall normally not exceed a period of six (6) months Where an Employee covered by the NAIT/AUPE Collective Agreement is required on a temporary basis, to act in the capacity of an Academic, Management, or Excluded position, he shall continue to be governed by the NAIT/AUPE Collective Agreement, with no loss in pay, benefits or compensation. His salary shall be governed by the applicable salary schedule for Academic, Management, or Excluded positions. 16

20 ARTICLE 18 HUMAN RESOURCES FILE If an Employee has been subjected to disciplinary action, after twenty-four (24) months of continuous service from the date that the disciplinary action was invoked, the Employee s Human Resource file shall be considered to be purged of any record of the disciplinary action providing: the Employee's file does not contain any further related record of disciplinary action during that twenty-four (24) month period; and the disciplinary action is not the subject of, or related to, an unresolved grievance The Employee shall be provided with a copy of all documents that pertain to disciplinary action or performance of the Employee at the time they are placed on his Human Resource file No documents shall be introduced from the Employee s Human Resource file as evidence in any grievance proceeding unless the Employee has received a copy in accordance with Clause of this Agreement Access to an Employee's Human Resource File shall be provided to the Employee or his authorized representative, upon request once in every year and in the event of a grievance or complaint. He may request a representative of the Union to be present at the time of such examination The Human Resource file referred to in this Article is the personal file of an Employee maintained by the Employer. Except as provided hereinafter this file shall contain copies of all documentation pertaining to the Employee. The parties mutually agree that no information pertaining to the interview records, reference checks, or confidential information related to a diagnosis or prognosis concerning either Employee eligibility for Long Term Disability Insurance, WCB information or an assessment of an Employee pursuant to the Employee Assistance Program shall be contained in this file When an Employee has grieved a disciplinary action and a Designated Officer has either allowed the grievance or reduced the penalty levied against the grievor, the Employee s Human Resource file shall be amended to reflect this action provided that this action results in the abandonment of the grievance. Where the grievor appeals the disciplinary action to Arbitration, the award of that tribunal shall be final and binding upon the Employer and the Employee, and the Employee s Human Resource file shall be amended to reflect that award. 17

21 ARTICLE 19 DISCIPLINARY ACTION An Employee may be disciplined or dismissed on the basis of just cause by the President or his authorized designate The Employer follows a progressive process of discipline. Discipline shall be administered in a timely manner. Therefore managers and supervisors should first meet with an employee to communicate concerns about an employee s performance or conduct. The process will be followed in sequential order, except when the particular circumstances of a case justify moving immediately to a more serious action When disciplinary action is taken against an Employee, that Employee and the Union shall be informed in writing as to the reason(s) for such action at the disciplinary meeting. The Employee and the Union shall be provided with a copy of all written reprimands or written notices of other disciplinary action or correspondence pertaining to the conduct or performance of the Employee The Employer or designated agent(s) shall disclose all information or documentation concerning the dispute, the investigation or discipline at the earliest possible opportunity An Employee who is to be interviewed on any disciplinary measure or alleged misconduct shall receive notice of the time and place of the interview. The Employee shall be informed in this notice of the right to be accompanied by a Union representative and/or Union Steward. Normally an employee shall receive at least twenty-four (24) hours notice of such meetings In this Article: (c) "Days" means calendar days; ARTICLE 20 GRIEVANCE PROCEDURE "Demotion" means a transfer to a position with a lower maximum salary; a grievance is a complaint regarding: (i) (ii) (iii) alleged unjust treatment or discrimination; alleged unfair working conditions; discipline of a casual or probationary Employee; (iv) alleged discrimination as defined by Article 45 (v) (vi) (vii) any other disciplinary action involving financial penalty, other than one described in (c) (iii) above; the application, interpretation or any alleged violation of this Agreement, or any other matter involving financial penalty other than one described in (c) (iii) above. Grievances on clauses (i), (ii), and (iii) above may be processed through Levels 1 to 2 inclusive and grievances on clauses (iv), (v), (vi) and (vii) above may be referred to an Arbitration Board When a grievance arises, it shall be dealt with in the manner outlined in the following sections, except that a grievance may not be presented on a matter when an appeal procedure is already provided for, including but not limited to, the position classification procedure. Notwithstanding the generality of Clause 20.02, a complaint alleging harassment may be presented in the form of a grievance directly to Level 2 President or designate. The decision given at Level 2 shall be final and binding on all parties. See NAIT Policy HR Harassment for additional information. 18

22 20.03 The Employer shall advise all Employees of the Institute s Designated Officers on the NAIT Human Resources website Informal Discussion Formal Discussions An Employee should first discuss the subject of the alleged grievance with his immediate Supervisor in an attempt to resolve the matter. A Union Steward, at the request of the Employee, may accompany and assist the Employee at this stage. Time off, without loss of regular earnings, will be provided to a complainant or grievor for the purpose of meeting with his Steward, immediate Supervisor or a Designated Officer in an attempt to resolve a complaint or grievance in accordance with the foregoing or Clause The parties shall disclose any and all information/documentation concerning the dispute at the earliest possible opportunity. The Employer or the aggrieved may request that a written grievance be discussed at any of Levels 1 to 2 inclusive of the Grievance Procedure. The aggrieved's request for discussion shall not be unreasonably denied. Any denial of a written request for discussion shall be in writing, and shall include the reason for denial. This discussion shall be recognized as the Employee's opportunity to clarify the circumstances surrounding his grievance. A Union Steward shall be allowed to be present at any of these discussions, if desired by the aggrieved, in order to assist the aggrieved at this stage Level 1 (c) Level 2 (c) An Employee who wishes to pursue a grievance must submit it in writing within fourteen (14) days of the date upon which the subject of the grievance occurred, or of the time when the Employee first became aware of the subject of the grievance. The grievance must be submitted through one of the following: (i) (ii) (iii) the Designated Officer at Level 1 through the immediate supervisor; or the Designated Officer directly at Level 1; or the Designated Officer at Level 1 by registered mail when (i) or (ii) above are not practical. The immediate supervisor shall: (i) (ii) forward the grievance to the Designated Officer authorized to reply at Level 1; or reply to the grievance directly if he is the Designated Officer. The Designated Officer at Level 1 shall meet with the grievor and the Union and shall submit a written reply to the Employee within fourteen (14) days of the receipt of the grievance. When an Employee is not satisfied with the answer or settlement received from the Designated Officer at Level 1 and wishes to pursue the grievance, the Employee must, if he has the written approval of the Union, submit the grievance to the Designated Officer at Level 2 directly or, where practical, through the immediate supervisor. A submission at Level 2 must be made within fourteen (14) days of the receipt of the reply of the Designated Officer at Level 1. The Designated Officer at Level 2 shall meet with the grievor and the Union and shall submit a written reply to the Employee within fourteen (14) days of the receipt of the grievance at Level 2. 19

23 (d) Level 3 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) For the purpose of this procedure, the decision given by the Designated Officer at this level shall be final and binding upon the Employee if the grievance is a "class of grievance" described in 20.01(c)(i), (ii), or (iii). If the grievance is a "class of grievance" described in 20.01(c)(iv), (v), (vi) or (vii), and if an Employee is not satisfied with the answer or settlement he received from the Designated Officer at Level 2, and he wishes to pursue his grievance he must submit his grievance for arbitration to a three (3) person Arbitration Board, provided he has the written approval of the Union. The Union shall notify the President of NAIT in writing of a submission of an alleged grievance to an Arbitration Board for arbitration. Such notification shall include a copy of the alleged grievance and contain the name of the Union's appointee to the Arbitration Board. A submission to pursue the grievance at Level 3, together with the written approval of the President of the Union, must be made within fourteen (14) days of the receipt of the reply at Level 2. Such submission shall be by registered mail or receipted courier service. The President, or his authorized designate, shall, within fourteen (14) days of the receipt of the notification in Clause 20.08, inform the Union of his appointee to the Arbitration Board. The President's appointee and the Union's appointee shall, within fourteen (14) days of the appointment of the second of them, appoint a mutually acceptable third person who shall be the Chairman of the Arbitration Board. If the two appointees fail to agree upon a Chairman within the required time limit the appointment shall be made by the Chairman of the Labour Relations Board upon application by either party upon five (5) work days notice to the other. The President's appointee to the Arbitration Board shall not be an Employee of the Institute who is included in a Bargaining Unit. The President of the Union's appointee to the Arbitration Board shall not be an Employee of the Institute who is included in a Bargaining Unit. The Employer and the Union shall each bear the total costs of its appointee to the Arbitration Board. Such costs shall include but not be limited to all expenses. The Parties to this Agreement shall bear in equal proportion the expenses and allowance of the Chairman of the Arbitration Board. The President shall grant the aggrieved leave of absence for the purpose of attending the hearing provided that the leave of absence shall be only for the purpose of attending the hearing and shall have stipulated time limits. The leave of absence stipulated in Clause (i) shall be with pay, except where dismissal of an Employee is upheld by the Arbitration Board no reimbursement for pay shall be allowed. The expenses of witnesses called by the Chairman of the Arbitration Board on his own initiative shall be shared on an equal basis by the Employer and the Union. The Arbitration Board shall neither add to, detract from, nor modify the language of any Article of this Collective Agreement. The Arbitration Board shall expressly confine itself in its award to the precise issue submitted to the Arbitration Board and shall have no authority to make a decision on any other issue not so submitted to it. Where disciplinary action against an Employee is involved the Arbitration Board may vary the penalty as the Arbitration Board considers fair and reasonable. 20

24 (o) (p) (q) (r) (s) Upon being appointed, the Chairman of the Arbitration Board shall convene an Arbitration Board as soon as possible and advise the Parties of the hearing date. At the Arbitration Board hearing, the Employer may be represented by the President or his designate(s), the grievor may be represented by the President of the Union or his designate(s) or such other person(s) as are acceptable to the aggrieved. The decision of the majority of the members of the Arbitration Board is the award of the Arbitration Board, but, if there is no majority, a decision of the Chairman of the Arbitration Board governs and his decision is the award of the Arbitration Board. The Chairman of the Arbitration Board shall normally submit a report on the findings and the decision of the Arbitration Board within thirty (30) days following the completion of the hearing to: (i) (ii) (iii) the President; the President of the Union; and the aggrieved. Where the Arbitration Board is unable to comply with the time limit in (q) above, the Chairman of the Arbitration Board shall notify all Parties concerned in writing. The decision of the Arbitration Board shall be final and binding on all Parties Time Limits and Procedures (c) (d) (e) (f) When the aggrieved fails to process a grievance within the time limits and procedures specified in Clauses 20.06, 20.07, 20.08, and the Employee shall be deemed to have abandoned the grievance. When the party receiving a grievance fails to process the grievance within the time limits specified in Clauses 20.06, 20.07, 20.08, or 20.11, the aggrieved shall automatically be eligible to advance the grievance to the next higher level, except that to advance to the 3rd level a grievance must be a grievance as defined pursuant to Clause (c) (iv), (v), (vi) or (vii). All correspondence between the respondents to the grievance or their representative and the Employee and his representatives shall be delivered by hand, registered mail, or receipted courier service. When a grievance is processed by registered mail or receipted courier service, the grievance shall be deemed to have been submitted on the day on which it was registered or receipted and the Designated Officer shall be deemed to have submitted a reply on the date on which the letter containing the reply was registered or receipted. The time limit within which the aggrieved may submit the grievance to the next higher level shall be calculated from the date on which the Designated Officer's reply was delivered to the address shown on the grievance form. When a grievance or reply is delivered by hand it will be dated the date it was delivered. The time limits between levels or the time limits to initially file a grievance may be extended by mutual agreement of the Union and the Employer s Human Resources Office, and such agreement shall be in writing. A request for an extension of time limits will not be unreasonably denied Replies by Designated Officers The reply from the Designated Officer at each level of the grievance procedure shall contain the reason(s) for acceptance or denial of the grievance and shall be sent by registered mail, receipted courier service or delivered by hand to the grievor, with a copy to the Union Variance from Normal Grievance Procedure 21

25 (c) (d) A grievance may be advanced beyond Level 1 to Level 2 by mutual agreement of the Employer s Human Resources Office and the Union but such agreement shall be in writing. In a case of a difference arising from demotion, suspension or dismissal, the grievance shall initially be presented at Level 2 except where the President or his authorized designate notifies the Employee involved in the difference that he may present his grievance at Level 3. When it is decided that a grievance will be heard initially at Level 2 or 3 pursuant to Clause 20.11, a submission to Level 2 or Level 3 if appropriate, must be made by the Employee within fourteen (14) days of receipt of the written communication notifying him of the demotion, suspension, or dismissal. When a grievance, other than a case of a difference arising from the dismissal or termination of a probationary Employee as described in Clause (c) (iii), is heard initially at Level 2 pursuant to Clause and the Employee is not satisfied with the answer or settlement the Employee may submit his grievance to Level 3, but such submission must be made within fourteen (14) days of receipt of the written decision of the Designated Officer at Level Meetings During Grievance Procedure (c) Group Grievances A Union Steward shall not leave his place of work to discuss a grievance with representatives of the Employer or an Employee during working hours without first obtaining permission from his immediate supervisor to do so. An Employee who wishes to discuss his grievance with representatives of the Employer at any level of the grievance procedure shall obtain the permission of his immediate supervisor before leaving his place of work for this purpose and shall report back to his immediate supervisor before resuming his normal duties. An authorized Union representative shall not enter a place of work to discuss a grievance with an Employee or Employees without first obtaining permission from the Employer s Human Resources Office to do so. A group grievance may be initiated by more than one (1) Employee provided that all Employees are grieving the identical issue and all Employees who are grieving have signed the initial grievance form. Grievances initiated by more than one Employee and meeting the above criteria shall be dealt with in accordance with Clauses to inclusive. The decision of an individual to abandon a group grievance shall not prejudice the rights of the remaining members of the group to advance the grievance by signing and submitting any subsequent conveyance forms Policy Grievances Either the Institute or Union may file a policy grievance concerning the interpretation, application, operation or alleged violation of the Collective Agreement on a matter arising directly between the Institute and the Union. A policy grievance commences at Step 2 of the grievance procedure (or the Union President, should the grievance be filed by the Employer). The grievance must be filed, in writing, within fourteen (14) days of the aggrieved Party first becoming aware of, or reasonably should have become aware of, the event leading to the grievance. A grievance shall describe all the details of the matter being grieved, including the specific Article or Clause(s) of the Agreement allegedly violated and the corrective action requested. 22

26 (c) (d) (e) (f) (g) When a grievance is received by the President or the President of the Union, as the case may be, a written response signed by the President or the President of the Union, as the case may be, shall be provided within fourteen (14) days of receipt of the grievance. Such response shall be sent by registered mail or receipted courier service. If the response under Clause (c) does not resolve the grievance, the President or the President of the Union, as the case may be, may, within fourteen (14) days of receipt of the written response, present the grievance to the Arbitration Board who shall hear the matter in accordance with and (c) to (s) inclusive. Such submission shall be sent by registered mail or receipted courier service. The time limits between levels or the time limits to initially file a grievance may be extended by mutual agreement of the President and the President of the Union, and such agreement shall be in writing. When the aggrieved fails to process a grievance within the time limits and procedures specified in or (d), the aggrieved shall be deemed to have abandoned the grievance. When the party receiving a grievance fails to process the grievance within the time limits specified in Clause (c), the grievance may be submitted to the Arbitration Board in accordance with Clause (d). ARTICLE 21 POSITION ABOLISHMENT Position Abolishment occurs when the Employer eliminates a position, occupied by a salaried employee, that it does not intend to reestablish in the foreseeable future For purposes of this article, the following definitions shall apply: (c) "similar Employees" - two or more Employees performing the same or similar functions within a classification, and in the same work unit. At its discretion, and following consultation with the Union, the Employer may combine, but may not subdivide, work units for the purpose of administering this article. "permanent Employee" - an Employee in the permanent service who has successfully completed his probationary period; "work unit" - in the academic schools, the program; - in other parts of NAIT, all of the employees in any part of NAIT that is under the control of one, but not more than one, Level I Designated Officer as defined in Article Considerations Prior to Involuntary Abolishment The Institute shall normally notify the Union at least 24 hours in advance when position abolishment is anticipated. When the Institute determines that there must be a reduction in the number of Employees in a work unit, it may release casual, temporary or probationary Employees in that work unit to achieve the reduction Declaration of Position Abolishment Notice When position abolishment is declared in a work unit having two or more similar Employees, the Employer will notify the Employees in the work unit of the number of positions to be abolished. When the position of a permanent Employee is to be abolished, the Employer shall give that Employee written notice in accordance with During the period of notice of position abolishment, the Employer will allow the affected Employee a reasonable amount of time off with pay to be interviewed by prospective employers. 23

27 At any time during the notice period, the Board may direct an Employee not to report for work and in this event the Employee will retain the rights provided in Voluntary Resignation of an Employee The Employer may enter into agreement with one or more permanent Employees who volunteer their positions for abolishment. At the end of the notice period the Employee will receive severance pay in accordance with the provisions of Article An Employee who voluntarily enters into an agreement with the Institute will be deemed to have resigned and is only eligible for the severance provisions of Article Involuntary Resignation of an Employee Subject to 21.04, the positions of similar Employees shall be abolished on the basis of seniority where the qualifications, experience, and ability of the similar Employees are equal. Subject to Employee qualifications and prior to the end of the notice period, the Employer may: offer affected Employees any vacant permanent positions at the same classification and pay level within the bargaining unit. Such Employees who accept the offer shall have no further rights with respect to Article 21 as it relates to his former position, or; offer affected Employees any vacant permanent positions at a lower classification and pay level at the rate of pay established for the lower level position within the bargaining unit. Such Employees who accept the offer shall have no further rights with respect to Article 21 as it relates to his former position, and the salary of such an Employee shall be maintained over range for the duration of the remaining, eligible notice/severance period. At the end of this period the salary will be set at the rate of pay established for the lower level position, or; (c) offer affected Employees any vacant temporary positions at the same classification and pay level within the bargaining unit. Such Employees who accept the offer shall be eligible for the severance provisions of Article at the expiration of the temporary position, or; (d) offer affected Employees any vacant temporary positions at a lower classification and pay level at the rate of pay established for the lower level position within the bargaining unit. Such Employees who accept the offer shall be eligible for the severance provisions of Article at the expiration of the temporary position Qualified Employees who decline offers of employment under Article are deemed to have resigned, shall forfeit all rights under Article 21 including severance pay and shall be released at the end of the notice period. Qualified Employees who decline offers of employment under 21.08, (c) and (d) will remain eligible for the provisions of Article Severance Pay An Employee who has not been offered a position in accordance with 21.08, or who declines an offer of employment per Article 21.09, shall be released from employment at the end of the notice period Where a permanent Employee is released pursuant to Article 21.10, or where a permanent Employee accepts a position under Article (c) or (d): the Employee shall receive severance pay in accordance with the table in 21.13, or any limitations specified under Article (c) or (d) at the rate of pay in effect at the date of abolishment notification, and the Employee shall be eligible to access NAIT courses in accordance with Article 40 Tuition for a period of twelve (12) months from the date notice position abolishment is served, and (c) the Employee shall be eligible for reimbursement to a maximum of five hundred dollars ($500) for expenses incurred for retraining, career counselling, and/or job search 24

28 (d) Re-employment assistance. This assistance shall be in addition to any payment entitlement for which the Employee may be eligible under Article 21.13, and the Employer and the Union shall jointly explore other sources of assistance such as special federal funding for retraining and job search. If an Employee is released pursuant to Article and is subsequently rehired by the Board, that Employee shall, as a condition of re-employment, repay to the Board the total amount (if any) by which the amount paid to him under exceeds the product of his regular biweekly rate of pay and the number of pay periods between the dates of his release and his reemployment. An Employee rehired under this Article shall be considered to have been on leave without pay and to have maintained continuity of service Notice and Severance Pay Years of Continuous Service Notice (Weeks) Severance (Weeks) Total (Weeks) or more

29 ARTICLE 22 LAY-OFF AND RECALL This article does not apply to the layoff of casual Employees Employees may be laid off in accordance with the provisions of this Article. Layoff is defined as a temporary separation from employment with anticipated future recall For purposes of this article the following definitions shall apply: (c) (d) (e) "similar Employees" - two or more Employees having a common status and hours of work performing the same or similar functions within a classification, and in the same work unit. At its discretion, and following consultation with the Union, the Employer may combine, but may not subdivide, work units for the purpose of administering this article. "permanent status" - status given to Employees occupying a permanent position. "temporary status" - status given to Employees occupying a temporary position. "permanent Employee" - a permanent status Employee who has successfully completed his probationary period. "work unit" - in the academic schools, the program; - in other parts of NAIT, all of the Employees in any part of NAIT that is under the control of one, but not more than one, Level I Designated Officer as referred to in Article Except in circumstances beyond the reasonable control of the Employer, and subject to 22.12, Employees shall be given not less than the following written notice of layoff or, at the discretion of the Employer, be paid at their regular rate in lieu of part or all of the required notice period: Four (4) weeks for Employees having permanent status; Two (2) weeks for Employees having temporary status. Once notice of layoff has been provided, the Employer and an Employee may, in writing, agree to defer the effective date of layoff without any further notice period Normally, based on standard practice, among Employees performing the same or similar functions and having the same or similar hours of work in the same classification within a work unit, Casual Employees shall be released before Employees with temporary status, who shall in turn be laid off prior to the layoff of any Employees having permanent status. In determining which of similar Employees are to be laid off, the Employer shall take into account each Employee's record of service, including seniority. The application of this clause is subject to the qualifications, experience and ability of those to be retained to perform the work remaining to be done. Where the qualifications, experience and ability of those retained are relatively equal, seniority shall be the dominant factor Any portion of the probationary period that has not been served at the time of layoff shall be served subsequent to recall Subject to 22.12, in determining which of similar Employees are to be recalled to positions within a classification and work unit, the order of recall of such similar Employees shall be the reverse of the order of layoff, provided the Employee recalled is qualified and able to perform the work that is available An Employee shall be responsible for providing the Employer with his current address for recall purposes Seniority is lost, all rights are forfeited, and the Employer shall not be obliged to recall an Employee: when the Employee resigns or employment is properly terminated; or 26

30 (c) when the Employee does not return to work on recall within three (3) work days of the stated reporting date, in accordance with notice by registered mail or receipted courier service, unless circumstances beyond his control prevent his return to work; or upon the expiry of one hundred and eighty (180) calendar days following layoff during which time the Employee has not been recalled to work If a permanent Employee has not been recalled within one hundred and eighty (180) calendar days from the date of layoff, he shall be entitled to severance pay in the amount set out in Article 21. Severance pay shall not be paid under this Article to an Employee who resigned, retired, failed to return to work when recalled, or whose employment was terminated for just cause A permanent Employee whose position is abolished while he is on layoff is entitled to the rights and options provided in Article The filling of a vacancy on a temporary basis for a term shorter than the notice period stated in shall be exempted from the provisions of this article This Article shall supersede the provisions of Article The Employer shall develop and maintain seniority lists of Employees with temporary and permanent status, showing the Employee's name, status, and length of service. Such lists shall be provided to the Local 038 Chairperson semi-annually, or more frequently where operations require. General ARTICLE 23 ILLNESS AND DISABILITY IN THE WORKPLACE The Employer, the Union and the Employee recognize the value of employees maintaining their overall wellness to ensure that they can attend work on a regular and meaningful basis. Further, the employee is responsible for providing appropriate medical documentation as required The Employer, Union and Employee are jointly committed and will work together to safely accommodate and re-integrate an employee who has suffered an illness, a disability or a work related injury or illness accepted by the Worker s Compensation Board, in their return to full or modified or restricted work assignments (i.e. hours of work or job tasks). Proof of Medical Condition The Employee may be required to provide proof of medical treatment upon return to work where reasonable doubt exists in respect to the purpose of an absence claim due to illness. An Employee shall be advised of the requirement to provide a medical certificate prior to his return to work. The Employer may require the Employee to submit proof of attendance at a medical, dental, physiotherapy, or optical appointment when time off from work is granted to attend such appointments. Time off to attend medical, dental, physiotherapy or optical appointments requires prior authorization from the Employer and will be scheduled by the Employee in an attempt to least interfere with the Employer s operations. Time off also includes any travel time. The above-mentioned authorization shall not be unreasonably denied The Employee shall provide a medical certificate for any absence under General Illness. The medical certificate will indicate the name of the Physician, the expected duration of the illness or injury and that the illness or injury prevents the individual from performing full or modified or restricted duties For General Illness claims greater than ten (10) days, the Employer may require the Employee to have his physician submit medical evidence on the Medical Fitness For Work Certificate Form (agreed to by the Union) indicating that the Employee is disabled from full or modified or 27

31 restricted duties. Expenses for the completion of this Form will be paid by the Employer to limits established by the Employer An Employee who is to be absent for surgery or other similar prearranged medical attention shall provide the Employer with as much advance written notice as possible as to the expected dates of departure from work and return to work associated with such medical attention. Confidentiality of Medical Information The confidentiality of health and medical information of employees is recognized by the Employer and the Union. Therefore, the parties who have access to this information shall ensure its confidentiality. The Employer and the Union also agrees that medical information of an employee shall not be divulged to a third party without the consent of the employee or as otherwise required by law The Employer agrees that the storage of employee health information shall be separate from Human Resources files and that access shall be given only to persons authorized to access the information. Fitness To Return To Work When an employee has been on illness or disability leave and upon return to work from prolonged absences, the Employer may require him to provide medical evidence from his physician stating that he is fit to perform full or restricted or modified duties. In accordance with 23.02, the Employer, the Union and the Employee will work together within the Disability Management Process in returning Employees to modified or flexible duties as required. The parties will ensure appropriate Case Management meetings are held, documented and supported by the Employee s physician. Ongoing documentation of progress or setbacks will be maintained. Independent Medical Examinations In a case of prolonged absence due to frequent illness or disability where it is believed to be adversely affecting an employee s work; or when it is considered that an employee is unable to satisfactorily perform his duties due to an illness or disability, the Employer (coordinated by the Occupational Health and Safety Manager) may require that the employee undergo an Independent Medical Examination (IME) The IME physician will submit a medical report to the Occupational Health and Safety Manager as to the condition of the employee, the amount of time considered necessary for his/her complete recovery, an opinion on the employee s ability to perform the duties of his position with or without modification, treatment recommendations, and whether or not his/her condition can be improved through treatment. The Employee shall be entitled to have their personal physician or a physician of their choice provide relevant documentation to the physician appointed by the Institute, when undergoing a medical examination. With the consent of the Employee a copy of the report of the physician conducting the medical examination shall be sent by the Institute to the Employee s physician Should the opinions of the treating physician and the physician performing the IME differ regarding the status of the employee s health, the dispute will be settled by a third physician. This physician will be selected by mutual agreement of the two physicians, from a list of physicians provided by the Employer and the Union. Casual Illness Casual Illness means a health related absence which causes an Employee to be absent from duty for a period of three (3) consecutive work days or less. The Parties agree that Casual Illness benefits as provided in this collective agreement are intended only for the purpose of protecting an Employee from loss of income when the Employee is ill or disabled. 28

32 23.14 If an Employee is ill at work or requires time off for the purposes of attending a dental, physiotherapy, optical or medical appointment, provided he has been given prior authorization by the Employer and he works one (1) hour in a half (1/2) day that he is absent for those purposes, such absence shall neither be charged against his casual illness entitlement, nor shall a deduction in pay be made for the time lost in the half day in which he became ill or attended the appointment. For purposes of this Article a half day is that period between the start of the scheduled work period and the start of the lunch break or between the end of the lunch break and the end of the scheduled work period. The above-mentioned authorization shall not be unreasonably denied An Employee in his first and in each subsequent year of employment shall be eligible for a maximum of ten (10) work days of casual illness leave with pay. Each day or portion of a day of casual illness used within a calendar year shall be deducted from the remaining casual leave entitlement for that calendar year. General Illness "General Illness" means a health related absence which causes an Employee to be absent from duty for a period of more than three (3) consecutive work days but shall not exceed eighty (80) consecutive work days. General Illness Leave shall be in addition to any Casual Illness Leave entitlements specified in this collective agreement. The Parties agree that General Illness benefits as provided in this collective agreement are intended only for the purpose of protecting an Employee from loss of income when the Employee is ill or disabled For purposes of this article, "employment" includes all categories of employment, provided that there is no break in Employer service. An Employee at the commencement of each calendar year of employment shall be entitled to General Illness Leave at the specified rates of pay in accordance with the following schedule, and the application of such General Illness Leave shall be as set out in accordance with this collective agreement: Completed calendar General illness leave General illness leave years of service at 100% normal salary at 70% normal salary 1 st month 0 days 70 days Less than 1 year 10 days 70 days 1 year 15 days 65 days 2 years 25 days 55 days 3 years 35 days 45 days 4 years 45 days 35 days 5 years 60 days 20 days An Employee who is on general illness or long term disability leave at the beginning of a calendar year shall be granted general illness leave credits in accordance with Article on his return to full, restricted or modified duties. If however, the Employee takes illness leave for the same or a related illness during the period of restricted or modified duties or during the first thirty (30) consecutive work days following his return to full duties, this credit will be removed and the illness leave will be considered a continuation of the original general illness leave. Article will be re-applied on any subsequent return to full, restricted or modified duties. All other or non-related illnesses are at the rates specified in Unless he is entitled to benefit under Article 23.18, an Employee who returns from a period of general illness or long term disability leave shall have added to his general illness leave credits sufficient days at seventy percent (70%) of normal salary to restore his combined fully-paid and partly-paid general illness leave entitlement to eighty (80) days. This additional entitlement will be removed if the Employee takes illness leave for 29

33 the same or a related illness during the first thirty (30) consecutive work days following the date of return to full duties For purposes of this Article, the maximum period of continuous absence recognized shall be eighty (80) consecutive work days. Absences due to illness or disability in excess of that period shall be subject to Article 24 - Long Term Disability Insurance. After sixty (60) days of General Illness, if the Employee has not returned to work, the Employer will forward to the Employee the necessary documents required to apply for benefits under Article 24 - Long Term Disability Insurance An Employee is not eligible to receive sick leave benefits under this Article if the absence is due to any injury while in the employ of any other Employer that qualifies for Workers Compensation Benefits, nor is he eligible for any sick leave benefits for any subsequent absence caused by that injury When a day designated as a Paid Holiday under Article 27 falls within a period of General Illness it shall be counted as a day of General Illness and under no circumstance shall an Employee receive any additional entitlement in respect of that day This Article is subject to Article 12. ARTICLE 24 LONG TERM DISABILITY (LTD) The eligibility of an Employee to participate in the Employer's Long Term Disability (LTD) Plan is subject to Article 3 and all eligible Employees shall be covered in accordance with the provisions of the Plan The Employer agrees to pay one hundred percent (100%) of the cost of providing Long Term Disability benefits to all eligible Employees covered under the Plan An eligible Employee who becomes ill or disabled and who, as a result of such illness or disability, is absent from work for a period of eighty (80) consecutive work days, may apply for Long Term Disability benefits as provided under the LTD Plan. The final ruling as to whether or not the claimant's disability is of a nature which qualifies the claimant for benefits within the interpretation of the provisions of the Plan shall be made by the third party claims adjudicator Long Term Disability benefits payable under the provisions of the LTD Plan will entitle an Employee with a qualifying disability, to a total income, from sources specified under Clause 24.05, of not less than seventy percent (70%) of the salary he received or was entitled to receive as a NAIT Employee at the commencement of the LTD benefits pursuant to Clause 24.03, up to a maximum benefit of seven thousand dollars ($7,000) per month effective April 1, The LTD benefit amount to which an Employee is entitled, shall be reduced by: (c) the amount of disability benefit entitlement, excluding children's benefits, under the Canada Pension Plan; the amount of Workers' Compensation entitlement; the amount of benefits payable from any other group disability plan(s) sponsored by the Employer If an Employee, after qualifying for LTD benefits, returns to work or enters a recognized training program and the resulting income is less than the salary in effect immediately prior to the commencement of absence pursuant to Article (pre-disability salary), the Employee shall have the LTD benefit payable by the Plan reduced by fifty percent (50%) of the income received, provided that the combination of reduced LTD benefit and income does not exceed the pre-disability salary. Where the combination of reduced LTD benefits and income received pursuant to Article is a higher amount than the pre-disability salary, the LTD benefits shall be 30

34 reduced further so that LTD benefits and income received equal one hundred percent (100%) of the pre-disability salary An Employee who receives LTD benefits and who at the commencement of absence due to disability or illness, is participating in the Alberta Health Care Insurance Plan, the Employer Group Extended Medical Benefits Plan, and the Employer Group Life Insurance Plan, shall continue to be covered under these Plans throughout the total period the Employee is receiving LTD benefits and the Employer and Employee premium contributions, if applicable, shall continue The LTD benefits applicable to Employees covered by this Agreement shall not be altered except through negotiation by the Parties to this Agreement During the period that an Employee is receiving benefits under the LTD Plan, the Employer shall continue to remit to the Local Authorities Pension Plan the Employee and Employer contributions required on the Employee's normal salary If, while receiving benefits under the LTD plan, the Employee is also receiving partial or full salary from NAIT, the Employer will make pension deductions from such salary at the normal rate and shall supplement the amount so deducted to satisfy the requirements of Clause Alberta Health Care ARTICLE 25 HEALTH AND DENTAL PLANS Subject to Article 3, the Employer shall share the premium cost of the Group Alberta Health Care Insurance Plan for all participating Employees as follows: one-half (1/2) the cost of the family premium where the Employee and his family are covered under the Plan; or one-half (1/2) the cost of the single premium where only the Employee is covered under the Plan. Effective January 1, 2009, the Government of Alberta has discontinued premiums for the Alberta Health Care insurance plan. Should the Government reinstate premiums during the term of this Agreement, shall apply. Extended Health Plan Subject to Article 3, the Employer shall share the premium cost of the Alberta Blue Cross Extended Medical Benefits Plan, or a comparable plan, for participating Employees on the same basis as set out in Clauses and An Employee on approved Employer business outside Canada who becomes ill and requires medical attention and/or hospitalization shall be reimbursed, upon production of receipts, for such charges that are in excess of those allowed by the Alberta Health Care Insurance Plan and the Group Extended Medical Benefits Plan Effective January 1, 2011, the Extended Medical Benefits Plan will move from eighty percent (80%) reimbursement, no card, to a one hundred percent (100%) reimbursement, Direct Bill Drug Card plan. The plan will also include Vision Care coverage of two hundred and fifty dollars ($250) every twenty four (24) months, Least Cost Alternative pricing on prescriptions and a dispensing fee cap of seven dollars ($7) per prescription. The premium costs will be adjusted from the rates set out in Article to a rate of sixty percent (60%) Employer paid and forty percent (40%) Employee paid. Base Dental Plan The Base Dental Plan as described in the Letter of Understanding - Dental Plan, will be totally funded by the Employer. 31

35 Optional Dental Plan In addition to the Base Dental Plan, employees are eligible to participate in the Optional Dental Plan which extends the benefits of the Base Plan. The Optional Dental Plan is totally funded by the Employee. New employees must apply within thirty (30) days of becoming eligible for the Base Plan. Rules, eligibility and benefit entitlements are available on the Human Resources website and subject to the provisions of the plan document. Health Spending Account All AUPE employees who hold salaried positions are eligible for the Health Spending Account Employees receive an amount equal to one half of one percent (0.5%) of their annual salary each year. One quarter percent (0.25%) deposits to employee s health spending accounts are made on January 1 and July Unused credits are carried forward for one year after the year in which the credits are allocated. At the end of the second year (December 31) unused credits are subject to forfeiture. Expenses for the previous benefit year must be submitted within two (2) months of the end of that benefit year All other rules/regulations will be in accordance with current tax legislation. Details are posted on the Human Resources website Effective December 31, 2010, the Health Spending Account will be discontinued. Eligible Employees are entitled to use their remaining funds per the limitations specified by Alberta Blue Cross and the Canada Revenue Agency. ARTICLE 26 INSURANCE The eligibility for entitlement to benefits under these plans is governed by Article 3 of this Agreement and the plan documents which contain all governing terms of the plans Basic Group Life Subject to the provisions of the plan document, each Employee shall elect to be covered for either one (1x) or two and one half (2 1/2x) times his annual salary. The Employer shall pay the total premium cost of the first twenty-five thousand dollars ($25,000) of insurance (or of the amount of insurance, if less than twenty-five thousand dollars ($25,000)). The premium cost of any insurance in excess of twenty-five thousand dollars ($25,000) shall be borne by the Employee Optional Life Insurance Subject to the provisions of the plan document, each Employee may choose one (1x) or two (2x) their basic annual salary provided that they have selected two and one half (2 1/2x) basic life insurance coverage. The Employee will pay the full premiums based on the rates established by the benefit carrier. New employees must apply within thirty (30) days of becoming eligible for the Base Plan. Rules, eligibility and benefit entitlements are available on the Human Resources website and subject to the provisions of the plan document Accidental Death and Dismemberment (AD&D) The Employer shall maintain and shall bear the full cost of the accidental death and dismemberment insurance policy, the principal value of which shall be equal to that of the basic group life insurance coverage of each Employee Optional Accidental Death and Dismemberment (AD&D) Subject to the provisions of the plan document, each Employee may enroll in the Optional AD&D plan. The insurance is offered in Units of ten thousand dollars ($10,000) to a maximum of two hundred and fifty thousand dollars ($250,000) (twenty-five (25) units)). The Employee pays the full cost based on the rates established by the benefit carrier. New employees must apply within thirty (30) days of becoming eligible for the Base Plan. Rules, eligibility and benefit entitlements 32

36 are available on the Human Resources website and subject to the provisions of the plan document Business Travel Accident The Employer shall maintain and bear the full cost of a business travel accident insurance policy, the principal value of which shall be equal to four (4) times each Employee's annual salary, to a maximum value of one hundred thousand dollars ($100,000) Dependent Life Each unit provides life insurance coverage in the amount of five thousand dollars ($5,000) on the Employee's spouse and two thousand dollars ($2,000) on each of the Employee's dependent children. Subject to the provisions of the plan document, each Employee may choose to participate in this insurance plan, and may choose up to five (5) units of coverage. The full cost of participation shall be borne by the Employee. For the purposes of dependent life insurance, a dependent is: a spouse, either the person to whom the Employee is legally married, or a partner who has cohabited with the Employee for a continuous period, up to the date of this coverage, of not less than twelve (12) consecutive months and who has been publicly represented as the Employee s spouse and who is not a blood relative of the Employee, or an unmarried child of the Employee and/or the Employee s spouse, including any stepchild, who is: (i) under 21 years of age, or (ii) 21 or over but less than 25 and is a registered student in full-time attendance in the public School system or at a University or similar Institute of learning, or (iii) of any age and incapable of self-sustaining employment by reason of mental disability or physical handicap, and in all cases is wholly or substantially dependent on the participant for financial support and maintenance General Liability The Employer provides general liability insurance coverage for all Employees covered by this Agreement while engaged in the scope of their regular work duties. 33

37 ARTICLE 27 PAID HOLIDAYS Employees are entitled to one (1) day's paid leave for each of the following holidays: Family Day Civic Holiday (One (1) day) Good Friday Labour Day Victoria Day Thanksgiving Day Canada Day Remembrance Day Employees employed in continuous operations shall be compensated pursuant to Clause for working on the following Paid Holidays on the dates listed: Canada Day - July 1 Remembrance Day - November 11 All other Paid Holidays shall be observed on the day designated by Regulations Governing Paid Holidays. (Alberta Employment Standards Code and Federal Legislation.) If the City of Edmonton does not proclaim a Civic Holiday as specified in Clause 27.01, the first Monday in August shall be observed as such holiday When a day designated as a holiday under Clause falls during an Employee's work week and an Employee is not required to work, the Employee shall be granted holiday leave on the day When a day designated as a holiday under Clause falls on an Employee's regularly scheduled day of rest and the Employee is not required to work, the Employee shall be granted holiday leave on the day observed as the holiday. When Remembrance Day falls on an Employee's regular scheduled day of rest and the Employee is not required to work, the Employer shall designate Tuesday of Reading Week (day following Family Day) in the following February as the day on which to observe Remembrance Day Notwithstanding Clauses and 27.04, an Employee employed in a continuous operation whose regular day off falls on an observed holiday shall receive another day off in lieu at his regular rate When an Employee works on one (1) of the holidays listed in Clause 27.01, or on December 25 or 26 or on January 1, the Employee shall receive either: his regular salary plus time and one half (1 1/2x) for all hours worked up to the equivalent of full normal daily hours and double time (2x) for additional hours worked thereafter; or in lieu of his regular salary, time and one half (1 1/2x) for all hours worked up to the equivalent of full normal daily hours and double time (2x) for additional hours worked thereafter, plus a day off in lieu with pay When a day off in lieu is granted under Clause Employees not employed in continuous operations shall have the day off scheduled at a time mutually agreeable to the Employee and Employer within the next three (3) months or paid out in cash at the expiration of the three (3) months. Employees employed in continuous operations shall have the opportunity to elect to have the alternate day off scheduled in conjunction with their regularly scheduled days of rest, or, subject to Clause 27.08, to take these days in conjunction with their next annual vacation and administered in accordance with Clause Once scheduled, the alternate days off shall not be rescheduled except by mutual agreement of the Employee and the Employer. 34

38 27.08 Where an Employee employed in continuous operations exercises an election under Clause 27.07, he shall advise the Employer of his choice of election for the following year, not later than December 31st, except that a new Employee shall make this election prior to the first holiday for which he is eligible Requests for leave without pay on religious holidays will be considered, provided adequate notice of the request is given When an Employee is called back to work on a paid holiday, he shall be compensated in accordance with the provisions of Article 16 and Article does not apply Authorized travel on Employer business on a paid holiday shall be considered working hours and shall be compensated in accordance with Clause Subject to operational requirements, Employees shall be granted a period of at least eleven (11) consecutive calendar days including December 24th and January 1st as Christmas Leave without loss of regular salary. An Employee required to work on December 25 or 26 or on January 1 shall be compensated in accordance with An Employee required to work on any other day in the Christmas Leave period shall receive his regular salary plus straight time for all hours worked up to the equivalent of full, normal daily hours, time and one-half (1 1/2 X) for the next two (2) hours, and double time (2 X) for additional hours worked thereafter, or in lieu of his regular salary, straight time for all hours worked up to the equivalent of full normal daily hours, time and one-half (1 1/2 X) for the next two (2) hours, and double time (2 X) for additional hours worked thereafter, plus a day off in lieu with pay. Vacation Entitlement ARTICLE 28 ANNUAL VACATION LEAVE Salaried Employees (permanent and temporary) earn vacation leave credit according to the schedule below for each pay period in direct proportion to the Employee s basic pay. For the purpose of this Article, pay for approved absences generated by Articles 9, 23, 27, 28, 29, 31 and 35 shall be included in calculating the Employee's "basic pay". Basic pay shall not include payments for overtime, shift differential and weekend premium. Employees do not earn vacation leave credit for pay periods in which they are on Employee Funded Leave of Absence. Length of Service (At Start Of Period) Leave Earned Less than seven (7) years days Seven (7) but less than fifteen (15) years days Fifteen (15) but less than twenty-four (24) years days Twenty-four (24) or more years days Timing and Approval of Leave Subject to managerial approval, vacation leave may be used at any time, up to the limit of current credits. Once vacation leave is authorized, it shall not be changed, other than in case of emergency, except by mutual agreement. Normally, the taking of vacation leave in single days will be limited to five (5) single days per calendar year An Employee shall not take vacation leave without prior authorization from the Employer Subject to operational requirements, the Employer will make every reasonable effort to grant each eligible Employee, on application, at least two (2) consecutive weeks of vacation in each year The normal approval authority for vacation leave is the Level One Designated Officer. If any written request for vacation leave is refused, the approval authority shall within five (5) working days provide the Employee a written refusal, stating the reasons, and forward a copy of the request and the refusal to the next superior manager. Accumulation of Leave Credits 35

39 28.06 Except as provided in this paragraph, vacation leave credits may be accumulated from period to period. If an Employee accumulates forty (40) days of unused vacation leave credit, the Employer may require that Employee to make acceptable arrangements, within thirty (30) days, to use at least ten (10) days of vacation leave. If these arrangements are not made within thirty (30) days of notification of this requirement, the Employer may assign and the Employee may not refuse to take ten (10) days of vacation leave. Pay In Lieu Pay in lieu of vacation may be paid as follows at the rate of the biweekly salary divided by 10 for each day paid out: On termination, an employee shall be paid cash in lieu of vacation for all outstanding credits; In exceptional circumstances and with mutual agreement, for all or partial outstanding credits. Combining Different Types of Leave Where an Employee is allowed to take any leave of absence other than sick leave or maternity leave in conjunction with a period of vacation leave, the vacation leave shall precede the other leave. Maternity leave shall be taken in one block and may precede or follow vacation leave Notwithstanding above, an Employee being laid off under Article 22 may choose to use any outstanding vacation leave credit in lieu of part or all of the layoff period, provided such choice is communicated in writing to the manager before the scheduled layoff date When a day designated as a Paid Holiday under Article 27 falls within a period of vacation leave, it shall be counted as a holiday and not as a day of vacation leave. ARTICLE 29 SPECIAL LEAVE An Employee, not on leave of absence, shall be granted, upon application, special leave at his basic rate of pay. The circumstances under which special leave is granted, subject to Clause 29.02, and the corresponding maximum number of work days are as follows: illness within the immediate family - three (3) days; bereavement - four (4) days; (c) travel time for illness within the immediate family or bereavement - three (3) days; (d) administration of estate - two (2) days; (e) moving household effects - one (1) day; (f) disaster conditions - two (2) days; (g) write examination(s) for course(s) approved by the Employer - as required; (h) attend funerals as pall-bearer or mourner - one (1) day; (i) be present at birth or adoption proceedings of an Employee's child - one (1) day; (j) attend formal hearing to become Canadian Citizen - one (1) day An Employee on annual vacation leave shall be granted, upon application, special leave at his basic rate of pay as outlined below. The circumstances under which this special leave is granted, subject to Clause 29.03, and the corresponding maximum number of work days are as follows: serious illness or injury necessitating emergency treatment or hospitalization of a member of the immediate family three (3) days; bereavement four (4) days; (c) travel time to proceed to and from the site of the emergency situation (bereavement or illness) three (3) days; (d) disaster conditions two (2) days. 36

40 29.03 For purposes of determining eligibility for special leave under Clauses and 29.02, the following provisions shall apply: illness within the immediate family - leave of absence shall be granted for the purpose of providing for the care of the person that is ill or for the care of the children. Immediate family shall typically mean: spouse (including common-law spouse), son, daughter, mother, father, brother or sister; bereavement - leave of absence shall be granted in the event of the death of the Employee's spouse (including common-law spouse), or any of the following relations of an Employee or spouse (including common-law spouse): parent, guardian, grandparent, grandchild, son, daughter, brother, sister, aunt, uncle, or the husband or wife of any of them; (c) travel time for illness within the immediate family or for bereavement shall mean for travel where long distances or travel from isolated areas are involved; (d) (e) (f) (g) administration of estate shall apply only when an Employee has been designated as an executor of the estate for the deceased; moving of household effects shall apply once in a calendar year to an Employee who maintains a self-contained household and who changes his place of residence which necessitates the moving of his household effects during his normal working hours. In the event an Employee's normal place of employment is moved outside the municipal area, the normal moving allowance shall apply; disaster conditions shall apply for a critical condition which requires an Employee's personal attention in a disaster (flood, fire) which cannot be served by others or attended to by the Employee at a time when he is normally off duty; mourner - leave of absence will be granted where operational requirements permit subject to the approval of the Employer The maximum leave specified for each circumstance requiring use of special leave shall normally not be exceeded; however, special leave other than for moving household effects may be granted more than once for the same circumstances within a calendar year, provided the total special leave granted does not exceed ten (10) working days per calendar year, unless additional special leave is approved by the Employer. Granting of special leave more than once for the same circumstance shall not be unreasonably denied Two weeks notice may be required for leave requested in Clause (d), (e), (g) and (j). 37

41 Maternity Leave ARTICLE 30 MATERNITY AND PARENTAL LEAVE A pregnant Employee is entitled to maternity leave without pay provided: the Employee gives at least six (6) weeks written notice of the date of the start of the proposed leave, and the Employee has completed fifty-two (52) weeks of continuous service with the Employer at the time she commences her leave The maternity leave shall commence on the earlier of the date: specified by the Employee, or of birth of the child An Employee who has completed fifty-two (52) weeks of continuous service and resigns for maternity reasons and who is re-employed in any capacity within six (6) months from the date of her resignation shall be considered to have been on leave without pay. All previous full-time continuous service with the Employer shall be recognized when calculating the rate at which vacation leave credits are accrued. Parental Leave Subject to and 30.07, the Employer shall grant parental leave to an Employee as follows: in the case of an Employee who is entitled to maternity leave under 30.01, a period of not more than thirty-seven (37) consecutive weeks immediately after the last day of her maternity leave; in the case of a parent who has been employed by the Employer for at least fifty-two (52) consecutive weeks, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child's birth; (c) in the case of an adoptive parent who has been employed by the Employer for at least fifty-two (52) consecutive weeks, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent for the purpose of adoption An Employee shall give at least six (6) weeks written notice of the date the parental leave will start If the Employer employs both parents of one child, the thirty-seven (37) weeks of parental leave may be taken wholly by one of them or may be shared by them. The Employer is not required to, but may at its discretion, grant parental leave to both parents at the same time. Return To Work An Employee granted maternity leave or parental leave shall be returned to the position occupied when the leave started, or be provided with alternate work of a comparable nature at not less than the earnings and benefits that had accrued to the Employee when the leave started An Employee shall give at least four (4) weeks written notice of the date on which that Employee intends to return to work, and in any event at least four (4) weeks before the earlier of the end of the leave period to which the Employee is entitled, or the date that the Employee has specified as the end of the leave period An Employee is not entitled to resume working until the date specified in the written notice described in subsection

42 30.10 An Employee shall return to work on the date specified in the written notice given under An Employee who fails to return to work on that date is not entitled to return to work subsequently An Employee who fails to provide written notice as required under is not entitled to resume work. General On request by her supervisor, a pregnant Employee shall provide the Employer with a medical certificate certifying that she is pregnant and giving the estimated date of delivery An Employee who does not wish to resume employment after maternity or parental leave shall give the Employer at least four (4) weeks written notice of intention to terminate employment If unforeseeable or unpreventable circumstances prevent compliance with the requirements of this section, the Employee shall so notify the supervisor at the earliest opportunity An Employee may apply for, and the Employer may approve, parental leave in excess of thirtyseven (37) weeks to facilitate return to work at a mutually-convenient stage of the work cycle An Employee who at the commencement of Maternity or Parental Leave is participating in the Alberta Health Care Insurance Plan, the Group Extended Medical Benefits Plan, the Group Dental Plan and the Group Life Insurance Plan shall continue to be covered under these Plans throughout the total period the Employee is on that Leave. During the period of eligibility for Supplemental Employment Insurance Benefit, Employer and Employee premium contributions, if applicable, shall continue. During the remainder of her leave, she may continue to be covered on the same basis as any other Employee on a period of unpaid leave Notwithstanding any other provisions of this Article, a pregnant Employee may qualify for a Supplemental Employment Insurance Benefit covering the period she has provided medical evidence from her physician which satisfies the Employer she is unable to do her job. An Employee must apply for, and when approved, submit to the Employer, proof of receipt of Employment Insurance maternity benefits, in order to be paid the Supplemental Employment Insurance Benefit payments. Leave then taken under this Supplemental Plan shall be considered to form part of the fifteen (15) weeks maternity leave without pay for the purposes of Clause An Employee who is eligible for Supplemental Employment Insurance Benefit plan shall not be eligible for illness leave benefits under Article A pregnant Employee who presents medical evidence from her physician which satisfies the Employer that continued employment in her present position may be hazardous to herself or her unborn child, may request a transfer to a more suitable position if one is available. ARTICLE 31 COURT LEAVE When an Employee is summoned or subpoenaed as a witness or a defendant to appear in court in his official capacity to give evidence or to produce Institute records, he shall be allowed leave with pay, but any witness fee received by him shall be paid to the Employer When an Employee is summoned or subpoenaed as a witness in his private capacity or as a juror or in the selection of a jury: at a location within the Province of Alberta, he shall be allowed leave with pay, but any witness fee or jury duty fee received by him shall be paid to the Employer; at a location outside the Province of Alberta, he may be allowed leave with pay if authorized by the Employer, but any witness fee or jury duty fee receivable by him shall be paid to the Employer. 39

43 ARTICLE 32 LEAVE WITHOUT PAY Where operational requirements permit and the approval of the Employer has been obtained, leave without pay shall be granted to an Employee. Request for such leave must normally be submitted at least two (2) weeks in advance of the anticipated date of commencement of such leave, before such request can be considered Where the Union requests that an Employee be seconded to the Union for a specified period of time it shall fall within the intent and purpose of Clause Such leave may have an initial term of up to six (6) months, and may be extended for a maximum of a further six (6) months An Employee who proceeds on leave without pay in accordance with this Article shall, on completion of the leave without pay, be returned to his former position or appointed to a comparable position Employees on leave without pay may continue their participation in benefit plans, subject to specific plan requirements, and shall prepay the full amount of any premiums required. Compassionate Care The Employer recognizes the potential need for employees to care for a gravely ill or dying family member. An Employee may request compassionate leave under the Employment Insurance Compassionate Care Benefits program. An Employee who has been granted leave under this clause may apply for a continuation of the leave if required. Public Affairs The Employer recognizes the right of an Employee to participate in public affairs. An Employee who accepts nomination for federal, provincial, or municipal office shall notify the Employer forthwith and shall be granted leave without pay from the date of his nomination or the date of issue of the election writ (whichever is later) until the election results are official. An Employee may request that the President waive all or part of this leave requirement. Such request shall not be unreasonably denied An Employee elected to federal or provincial office shall notify the Employer forthwith and shall either: resign his position, or accept leave without pay for the duration of his term of office. An Employee who has held federal or provincial office for three (3) years or more and who is reelected to federal or provincial office shall forthwith resign his position An Employee elected to municipal office shall notify the Employer forthwith and may, at the discretion of the President, be required to accept: (c) leave without pay for the duration of his term of office, or occasional leave without pay to avoid conflicting responsibilities, or a reduced workload with a corresponding reduction in salary. 40

44 Military Leave The Employer shall grant military leave without pay, to an Employee for service in the Canadian Armed Forces, where the service is required by the Department of National Defense. Clause shall not apply to the individual employee except that family coverage may continue during the leave. ARTICLE 33 SAFETY AND HEALTH The Employer and the Union agree to participate in the NAIT Occupational Health and safety Program and are subject to the Occupational Health and safety Act, Regulations and Code The Employer, the Employees and the Union will cooperate to the fullest extent in the matter of occupational health, safety, security and accident prevention. The success of the occupational health and safety program depends on the active participation of everyone The Employer supports the concept of having a Joint Work-Site Health and Safety Committee. The Union may appoint a maximum of three (3) members to this Committee Where additional health and safety committees are formed, the Employer will ensure appropriate representation of AUPE members Each Employee and each Supervisor shall take reasonable care for the protection of public and Employee health and safety in the operation of the equipment and the storage or handling of materials and substances, as required by the Occupational Health and Safety Act/Code An Employee shall immediately notify his Supervisor when he has an accident at a work site that results in injury or that had the potential of causing serious injury. An Employee who becomes aware of a health and safety concern at his work site shall immediately notify his Supervisor The Employer or his designate, shall notify the Chairperson of the Local or his designate immediately that he is made aware of the occurrence of a serious injury or an accident that had the potential of causing serious injury to an Employee at a work site The Employer shall provide the Local with statistical information regarding occupational injuries and illnesses sustained by Employees as reported to and accepted by the Workers' Compensation Board The Employer will provide first aid services in accordance with the requirements of the Occupational Health and Safety Act/Code The Employer will provide all Employees with specific information regarding the composition, role, and means of accessing the Joint Worksite Health and Safety Committee If any concerns arise with respect to the safety program or the operation of this Article, the matter shall be referred to the Joint Work-Site Health and Safety Committee for resolution No Employee shall be discharged, penalized or disciplined for refusing to perform any work or operate any equipment which the Employee has reasonable and probable grounds to believe presents an imminent danger to the health and safety of any Employee, or member of the public. Imminent danger is defined as a danger that is not normal for the Employee s occupation, or a danger under which the Employee engaged in their occupation would not normally carry out their work. 41

45 ARTICLE 34 EMPLOYMENT INSURANCE PREMIUM REDUCTION OR REBATE The Employer shall retain the full amount of any premium reduction or rebate allowable on employment insurance which is granted as a result of the General Illness benefits covering Employees to which this Agreement applies The premium reduction or rebate referred to in Clause shall be recognized as part of the Employee's contribution towards the General Illness benefits provided The Employer will inform the Chairperson of Local 038, in writing, quarterly of the amount of the premium reduction or rebate granted by Human Resources and Skills Development Canada (HRSDC). ARTICLE 35 WORKERS' COMPENSATION SUPPLEMENT Workers Compensation Board coverage will be provided by the Employer for an Employee If an Employee sustains an injury in the course of his duties with the Employer which causes him to be absent from work and as a result is eligible to receive Workers' Compensation, he shall be paid his regular full salary during the period he is required to remain off work up to eighty (80) consecutive work days If the Employee has not returned to work due to injury before the eighty (80) day period has expired, he shall then be paid according to the rate prescribed by the Workers' Compensation Act and shall be paid any benefit to which the Employee might be entitled under the provisions of the Long Term Disability Plan The eligibility period specified in Clause shall not apply in the event of a re-occurrence of a disability due to a previously claimed injury, payable under this Supplement, unless the Employee has not used the total eligibility period in which case the unexpended period of eligibility may be applied When a day designated as a paid holiday under Article 27 falls within a period of time an Employee is eligible to receive Workers' Compensation Supplement, it shall be counted as a day of Workers' Compensation Supplement, and under no circumstances shall an Employee receive any additional entitlement in respect of that day An Employee who is injured on the job during working hours and who is required to leave the job site for treatment, or is sent home as a result of such accident or injury, shall not suffer loss of pay for that day's work, regardless of the time of injury. That day shall not be deducted from the eligibility period specified in Clause The Parties agree that the Workers' Compensation Supplement is intended only for the purpose of protecting an Employee from loss of income while he is unable to work because of injury. Classification Plan and Pay Plan ARTICLE 36 AMENDMENTS TO TERMS OF EMPLOYMENT The Employer during the life of this Agreement may with the agreement of the Union: alter rates of Employee compensation; or alter any Employee entitlement or Employee rights; which are contained within this Agreement and upon such agreement these changes shall become the rates, entitlements, or Employee rights Subject to Clause 36.04, when the Employer establishes new or altered class levels affecting compensation, written notice of such action shall be provided to the Union along with a copy of the class specifications. When the Employer considers it necessary to adjust the pay range of an 42

46 altered class, the Employer shall submit a pay proposal to the Union, and the following provisions shall apply: (c) The Union may request a meeting with staff of the Human Resource Office to discuss the salary rates applicable to the new or altered class level(s). The Union's request for a meeting to discuss the issue noted above must be submitted to the Employer within fourteen (14) days of the receipt of the Employer's pay proposal. Where no agreement is reached on the issue listed in Clause 36.02, above, the Union may submit the unresolved issue to arbitration pursuant to the Public Service Employee Relations Act. The Union's request for arbitration must be submitted to the Labour Relations Board within fourteen (14) days of the date on which the meeting was held to discuss the issue. Notwithstanding Clause 36.01, where the Union has submitted the unresolved issue to arbitration, the Employer may implement a new or revised salary range for the new or altered class(es) subject to final determination by the Arbitration Board. The decision of the Arbitration Board shall apply only to Employees who are still employed on the date the decision is issued Where a position is placed within the Bargaining Unit by a decision of the Labour Relations Board, the rates of pay and other terms and conditions applicable shall be subject to negotiation between the parties. Where mutual agreement is not obtained concerning the rates of pay and other terms and conditions, this matter shall be referred to arbitration as provided within the Collective Agreement. An Arbitration Board in such case shall have the power to establish a rate of pay and other terms and conditions for the position in question. The basic hourly rates of pay for the position shall be retroactive to the date the position was placed in the bargaining unit When the Union fails to process the matter within the time limits or procedures specified in Clause 36.02, the matter will be deemed to have been abandoned. Time limits under this Article may be extended by mutual agreement between the Parties provided such agreement is in writing When the Employer establishes new or altered class levels and provides written notice to the Union after notice has been given by either Party to commence collective bargaining under Article 38 of the Public Service Employee Relations Act, the provisions of Clauses 36.02, 36.03, and shall not apply. The rates of pay shall be subject to collective bargaining under the Act The Employer shall provide the Union with a classification manual. The Employer shall provide each Employee on request with a copy of the class specification and job description applicable to his position In the event that an employee or supervisor considers that the current position is not correctly classified, the employee or the supervisor shall refer to and follow the procedure in NAIT Procedure HR.2.1: Position Classification and Job Evaluation. NAIT Procedure HR.2.1: Position Classification and Job Evaluation shall not be amended without input from AUPE Local

47 ARTICLE 37 TRAVEL AND SUBSISTENCE Employees who incur travel and subsistence expenses in the performance of authorized Employer business shall be reimbursed for those expenses in accordance with current Employer policy and rates Reimbursement shall be paid through direct deposit into the account designated in ARTICLE 38 TOOLS, UNIFORMS AND PROTECTIVE APPAREL/CLOTHING One (1) basic set of hand tools shall be supplied by the Employer for use by Power Plant Engineers Each Tradesman shall supply his own hand tools and bench tools as are required to perform his work. Special or unusual tools shall be supplied by the Employer as required Tools shall be replaced by the Employer when damaged or broken in normal use or when accidentally lost in an inaccessible area during working hours Where the Employer determines that uniforms, coveralls, smocks, or other special protective apparel/clothing, should be provided for the public display and image or protection of the Employee's personal garments, such items shall be provided, maintained and replaced upon approval by the Employer (at no cost to the Employee) Protective clothing and safety equipment shall be supplied by the Employer as required by the Occupational Health and Safety Act or cost shared as outlined in Clause Where, in the opinion of the Employer, safety footwear is required, the Employer shall reimburse Employees for the cost of authorized replacement of CSA approved safety footwear once in each calendar year, to a limit of one hundred dollars ($100.00). This amount may be carried over to the following year with the limit then being two hundred dollars ($200.00). Where authorized replacement of safety footwear is arranged through on-site vendors approved by the Employer, the cost of the replacement boots, subject to the above limits shall be paid directly to the vendor by the Employer in lieu of reimbursement to the Employee Where the Employer provides tools, uniforms or clothing as outlined above, such tools, uniforms or clothing shall be returned in good condition to the Employer upon termination of employment. Should the Employee fail to return the tools, uniforms or clothing, the pro-rated cost may be deducted from the Employee s final pay cheque. Where an Employee is reimbursed for safety footware as outlined above, and should the Employee resign from employment within the first six (6) months of employment, the pro-rated value of the safety footwear reimbursement may be deducted from the Employee s final pay cheque. ARTICLE 39 CASHIER POLICY No Employees shall be required to make up cash shortages in the course of their employment. 44

48 ARTICLE 40 TUITION Tuition shall be waived for the attendance of Employees in courses offered by the Employer provided that the courses are viable with the number of fee payers. Attendance shall be on a "space available" basis, and attendance shall not interfere with performance of the Employee s regular duties Employees on educational leave and enrolled on a full-time basis at the Institute are required to pay Institute fees Employees are required to pay for general interest and recreational courses offered by NAIT Continuing Education When the Institute requires an employee to take a specific course, the Institute shall pay the tuition fees and related instructional expenses, and shall pay other expenses in accordance with the Institute travel policy. ARTICLE 41 RATES OF PAY Employees shall be paid for work performed at rates of pay as specified in the biweekly pay Schedule or in the case of apprentices, a percentage of the appropriate tradesman job rate, as specified in regulations issued pursuant to the Apprenticeship and Industry Training Act An Employee's salary shall be paid by direct deposit into an account of the Employee's choice in a bank, trust company, or credit union. To facilitate this operation, each Employee shall maintain an account in a chartered bank, trust company, or credit union that is capable of receiving and accounting for funds by electronic transfer in an efficient manner Employees filling positions allocated to a classification which is subject to a thirty-six and onequarter (36 1/4) hour work week and who, as a condition of employment, are required to work forty (40) hours per week on a regular basis shall be paid a salary rate as set out in the salary schedule of this Agreement for each forty (40) hour week worked. ARTICLE 42 PENSION PLAN AND RETIREMENT SAVINGS The Employer shall contribute to the Local Authorities Pension Plan (LAPP) to provide pension benefits for participating Employees, in accordance with the terms and conditions of the plan Where an eligible part-time (PT) Employee requests enrollment in the LAPP, the Employer shall facilitate such enrollment The Employer shall provide an electronic link to the LAPP website, to assist all employees in obtaining plan brochures, details of the plan and information on occasional changes to the plan The employer shall offer information regarding self-paid retiree benefits subject to such plans being available to the Employer. ARTICLE 43 PARKING Employees shall be granted access to Institute parking facilities. 45

49 ARTICLE 44 SENIORITY Seniority means the length of continuous service with the Employer, commencing from the most recent date of hire and within the bargaining unit. A seniority date shall be established for all salaried Employees including all periods of continuous employment as a permanent, temporary or casual employee. Seniority shall not apply during the probationary period, however once the probationary period has been completed, seniority shall be credited from the seniority date established. (c) Seniority shall continue to accrue during all approved leaves of absence, and during layoff. (d) Seniority shall not apply to casual employees, however when a casual employee becomes a permanent or temporary employee, the seniority date shall be established by converting the hours worked since the most recent date of hire to an equivalent seniority date Seniority shall be considered in determining: position abolishment, subject to the provisions of Article 21 Position Abolishment; layoffs and recalls, subject to the provisions of Article 22 Lay-Off and Recall; (c) promotions, transfers and filling vacancies subject to the provisions of Article 10 Position Opportunities Seniority shall be considered broken, all rights forfeited and there shall be no obligation to rehire based on the provisions of Article Seniority lists shall be provided to the Union in accordance with Article 8.06 and when Position Abolishment or Lay-Offs and Recalls are conducted Should a difference arise regarding an Employee s seniority, the Employer will provide the Employee with the information used to establish the seniority. ARTICLE 45 NO DISCRIMINATION There shall be no discrimination, restriction or coercion exercised or practised in respect of the Employee by either Party by reason of age, race, colour, creed, national origin, political or religious belief, gender, sexual orientation, marital status, physical or mental disability, nor by reason of membership or non membership or activity in the Union, nor in respect of an Employee s or Employer s exercising any right conferred under this Collective Agreement or any law of Canada or of Alberta Article shall not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement The intent of this Article is to provide a timely, efficient manner of resolving disputes regarding claims of alleged discrimination. The parties agree that neither party should be required to defend itself in multiple forums. In the event that an employee or either party to this agreement files a complaint to the Alberta Human Rights Commission on the same or substantially the same facts and circumstances as those advanced under any grievance filed under this Article, the grievance may not be referred to arbitration. ARTICLE 46 DEPENDENT SCHOLARSHIP PLAN The Employer will offer scholarships to eligible dependents of salaried Employees Applicants must meet the requirements of the Dependent Scholarship Plan requirements. The Plan will provide a scholarship equal to fifty per cent (50%) of the tuition for successfully completed credit or career programs/courses, including apprenticeship programs. 46

50 46.03 For purposes of this Plan, dependents means those persons described as dependents under Article 26.07, Dependent Life or the Letter of Understanding - Base Dental Plan. ARTICLE 47 EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement shall be effective from the date of execution and shall remain in full force and effect until June 30, It shall continue in force from year to year thereafter until a replacement Agreement is established under the Public Service Employee Relations Act. Individual articles shall come into force on the date of execution unless otherwise specified in the Article or Schedule. The date of execution shall be the date of signing of this Agreement. 47

51 LETTER OF INTENT RE: Local Union Accommodation The Employer and the Local will enter into discussions regarding possible improvements to the size and location of the Local s on-campus office accommodations. LETTER OF UNDERSTANDING BETWEEN NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) AND ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 Re: Out of Province Operations When NAIT establishes out of province operations resulting in the hiring of support staff permanently employed in other provinces, the Parties agree that: 1. AUPE will be provided with documentation on the operation and the number of staff located in jurisdictions outside of Alberta. 2. AUPE and its members will be advised of all job postings. 3. The required staff will be permanently located in new offices outside Alberta and shall not be required to transfer from Alberta. 4. Employees employed at out of province operations are not included within the jurisdiction of AUPE. LETTER OF UNDERSTANDING BETWEEN NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) AND ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 Re: International Work Assignments NAIT is increasingly expanding the scope of operations internationally. In the case that NAIT requires support staff in a mutually agreeable circumstance to undertake an assignment in a foreign country, the Parties agree that: 1. The compensation will be negotiated and agreed to by the Employer, the Employee and AUPE. The Employee shall receive all negotiated general wage increases during the term of the international assignment. The Employee shall be eligible to receive all merit increments. 2. The Employer shall provide health benefits based upon an international assignment and agreed to by the Employer, the Employee and AUPE. 3. Hours of work, days of work, vacation, named holidays will be amended and agreed to by the Employer, the Employee and AUPE. 4. Union dues will be suspended for the term of the international assignment. 5. Upon the Employee s return to Alberta following the completion of the assignment, termination of the international contract, or early return by mutual agreement, the collective agreement shall apply, and the Employee shall revert to their former or equivalent position without any loss of seniority and compensation. 48

52 LETTER OF AGREEMENT BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) RE: Employee-Management Advisory Committee The Parties agree to establish a joint Employee-Management Advisory Committee to discuss matters of mutual interest. The Committee shall be composed of representatives appointed by the Employer and up to six (6) representatives appointed by the Local. The Parties may each appoint alternates to serve in the event of absence of a representative. The Parties shall each appoint a co-chairperson. The Committee shall meet as often as deemed necessary on the joint call of the co-chairpersons. The Committee may, subject to the terms of the Collective Agreement, make recommendations to the Union, the Local and the Employer. The Employer shall grant time off without loss of regular salary for the purpose of attending meetings of the Committee. The Committee shall commit to meet at least on a quarterly basis. LETTER OF AGREEMENT BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) MODIFIED HOURS OF WORK SYSTEM RE: Security Services Peace Officer Sergeants, Peace Officers, and Security Communications Officers The following is intended to provide guidance on the modified hours of work system implemented for employees in the classifications mentioned above who are employed in the NAIT Security Services department. 1. Salary paid to employees shall be based on a forty (40) hour work week (two thousand and eighty (2080) hours in twenty-six (26) pay periods)), regardless of hours actually scheduled and worked within each pay period or twenty six (26) pay periods. This is in recognition of the variable hours resulting from the agreed-upon schedule currently in use. 2. The proposed schedule shall be amended only upon mutual consent. 3. Regular daily hours shall mean the hours as set out in the yearly schedule for any specific date and employee, and reflect twelve (12) hours, eight (8) hours or a day of rest. 4. Employees working the schedule currently in use shall have all benefits and entitlements calculated so as to ensure no loss or gain in employee entitlements. The articles listed below will be administered in the following manner. Article (Attendance Resignation Notice) employees will provide two calendar weeks of notice of intent to resign employment Article 13 (Hours of Work) due to the modified hours of work system utilized by this operational unit, this Article will not apply 49

53 Article 23 (Illness and Disability) allotment of eighty (80) hours of casual illness will be provided for utilization as required and will be deducted in accordance with the amount of paid time replaced by the casual illness payment Article 23 (Illness and Disability) employees will be eligible for the normal eighty (80) days of general illness and will have absence reported as if they were working eight (8) hour shifts Article 24 (Long Term Disability) employees may be eligible for LTD benefits after a continued disability of eighty (80) days (equivalent to sixteen (16) weeks) Article 27 (Paid Holidays) employees will be eligible for the provisions of this article in accordance with the hours of work on the particular holiday worked. The Christmas Leave holidays will be handled in accordance with Point 5 below. Article 28 (Annual Vacation Leave) vacation credits will be earned in accordance with a forty (40) hour work week and utilized in accordance with the paid hours booked off for vacation leave. Article 29 (Special Leave) time off for special leave will be treated as each work shift equals one day. 5. If an Employee s regularly scheduled day of rest falls on a day that the Employer has granted as a day of Christmas Leave in accordance with (December 25 th, December 26 th, January 1 st or a lieu day for any one of those days, or any other paid days the Employer grants to other employees), he shall receive time off in lieu at eight (8) hours for each of those days, to be taken in accordance with Article If an Employee agrees to substitute for another Employee for a scheduled shift, such substitution shall be recorded by the Manager, Security Services and initialed by both employees. This record shall be retained in the office of the Manager, Security Services. 7. The appendix to this letter is the annual schedule for employees in the classifications noted above in NAIT Security Services. LETTER OF UNDERSTANDING BETWEEN NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) AND ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) ON BEHALF OF LOCAL 038 Re: Teleworking/Telecommuting The Parties hereby agree to the following terms and conditions: Terms of Agreement: Should the Employer desire to implement the concept of teleworking as an alternative to traditional worksite duties and responsibilities, the Employer shall notify the Union thirty (30) days prior to the implementation of any teleworking arrangements. The Employer shall determine the appropriateness and desirability for operational reasons of the implementation. The Parties shall meet and consult about the terms and conditions of a Letter of Agreement that will outline the effects on Employees that volunteer. No Employee shall be required or permitted to make any written or verbal agreement concerning telework/telecommute and which may conflict with the terms of the collective agreement. The Parties agree that once negotiated, the Teleworking/Telecommuting Letter of Agreement shall form part of the collective agreement. 50

54 LETTER OF UNDERSTANDING BETWEEN NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) AND ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) ON BEHALF OF LOCAL 038 RE: AUPE Employees Engaged in Applied Research Activities Whereas NAIT is becoming more active in the field of Applied Research and is occasionally required to hire support staff to assist in these endeavors, and because the nature of external or grant funded applied research is inherently of a fixed term, special considerations for temporary status employees hired for this work are required. Temporary status external or grant funded research employees may be hired for a period up to five (5) years in duration. Any extensions beyond this duration must receive approval from the Union. Extensions to shorter periods of assignment may be made without posting and will be communicated to the Union. All provisions of the Collective Agreement normally applied to temporary employees will apply to temporary external or grant funded research employees or temporary employees hired to replace other employees appointed to temporary external or grant funded research positions with the exception of Articles: 1.01 (h) Temporary Position; 21 Position Abolishment; and 22 Layoff and Recall. In the event that a temporary appointment is not being renewed or is ending prior to the original termination date identified in the employment offer, notification must be provided to the affected employee in writing, in accordance with the schedule as outlined below. a) One (1) week if the employee has been employed by the employer for more than three (3) months but less than two (2) years; b) Two (2) weeks if the employee has been employed by the employer for more than two (2) years but less than three (3) years; c) Three (3) weeks if the employee has been employed by the employer for more than three (3) years but less than four (4) years; d) Four (4) weeks if the employee has been employed by the employer for more than four (4) years but less than five (5) years; LETTER OF AGREEMENT BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) RE: One Time, Additional Vacation Entitlement In light of NAIT s financial challenges for the fiscal cycle ending June 30, 2011, both parties have agreed to a onetime, additional: five (5) day vacation entitlement for salaried Employees hired prior to October 3, 2010; and, a two percent (2%) increase to 3.04 in lieu of these 5 days for casual employees hired prior to October 3, Salaried Employees The additional five (5) days shall be added to Employees accounts and shall be pro-rated for part-time employees. Subject to operational requirements, the five (5) days may only be used for time off and shall not be paid out in cash. The approved time off must be taken prior to June 30, The five (5) days will be deducted from Employee account balances prior to normal vacation entitlements per Article 28 being used. Managers and/or supervisors are expected to work with their staff to identify opportunities to take off this additional time prior to June 30, Vacation requests for these five (5) days shall not be unreasonably denied. Employees who leave NAIT prior to using these 5 days will not be entitled to any payout or partial payout of these days on their date of termination. 51

55 Casual Employees An Employee hired for casual employment shall receive an additional two percent (2%) of their regular hourly wage earnings for any hours worked between the date of ratification and June 25, The two percent (2%) ends June 25, 2011 and is in addition to the six percent (6%) already provided under Article Both parties further agree that this Letter of Agreement shall remain in effect until June 25, 2011 at which time the terms and conditions will no longer apply. LETTER OF UNDERSTANDING BASE DENTAL PLAN The Parties agree to the following terms in respect to a Dental Plan for eligible Employees of the Northern Alberta Institute of Technology and their dependants. 1. An Employee shall become a participant in the plan from the first day of the calendar month following the completion of three (3) full calendar months of employment with the Board; and shall cease to be a participant on the day of termination from employment or the date the participant attains age sixty-five (65), whichever occurs first. 2. Notwithstanding Clause 1, an Employee who, on the date of the signing of this Agreement, was a participant in the Dental Plan for the Northern Alberta Institute of Technology Academic and Support Staff by virtue of prior service to the Crown in Right of Alberta shall be a participant. 3. A participant's dependant shall be covered under the Dental Plan while the participant is covered. For the purpose of this dental plan a dependant is: (c) a spouse, either the person to whom the Employee is legally married, or a partner who has cohabited with the Employee for a continuous period, up to the date of this coverage, of not less than twelve (12) consecutive months and who has been publicly represented as the Employee s spouse and who is not a blood relative of the Employee; or an unmarried child of the Employee and/or the Employee's spouse, including any stepchild, who is: (i) (ii) (iii) under twenty-one (21) years of age; or twenty-one (21) or over but less than twenty-five (25) and is a registered student in full-time attendance in the public school system or at a university or similar institute of learning; or of any age and incapable of self-sustaining employment by reason of mental disability or physical handicap, and in all cases is chiefly dependent on the participant for financial support and maintenance. 4. Dental claims are reimbursed up to the limits specified in the current Alberta Blue Cross Usual and Customary Fee Guide subject to the following: Eighty per-cent (80%) of basic services Fifty per-cent (50%) of major services The annual maximum reimbursement for basic and major services combined is two thousand dollars ($2,000.00) per participant Fifty per-cent (50%) of orthodontic services up to a maximum of two thousand dollars ($2,000.00) per participant per lifetime. 5. Benefit year means the period of twelve (12) months beginning on January 1 in one year and ending on December 31 in the same year. 52

56 6. The dental services reimbursed under Section 4 shall not exceed the amount specified in the Alberta Blue Cross Usual and Customary Fee Guide in force on the date the dental services were provided. 7. Basic Dental Services covered under the Plan are: (c) (d) (e) (f) (g) (h) routine oral examination (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) oral examination (twice in a benefit year); recall oral examination (twice in a benefit year); special oral examination; microbiologic culture; biopsy of oral tissue; pathological report; cytologic smear from oral cavity; pulp vitality test; emergency and unusual services; consultation; dental prophylaxis (twice in a benefit year); space maintainers that replace permanently lost teeth and appliances to control harmful habits; topical application of fluoride phosphate (twice in a benefit year); (i) (ii) (iii) (iv) (v) x-rays (i) (ii) (iii) (iv) (v) (vi) (vii) plastic fillings; (i) (ii) (iii) (iv) oral hygiene instruction (twice in a benefit year); finishing restoration; pit and fissure sealant; caries control; interproximal discing; periapical (no more than one complete series in any twenty-four (24) month period); occlusal; bitewing (twice in a benefit year); extra oral; sialography; radiopaque dyes to demonstrate lesions; panoramic (once every five (5) years); amalgam; silicate; acrylic or composite resin; steel crown-primary teeth; surgical services; (i) (ii) (iii) (iv) (v) (vi) (vii) uncomplicated removals; surgical removals; transplantation and repositioning; surgical excision; surgical incision; fractures; frenectomy; miscellaneous surgical services; antibiotic drug injections (when prescribed by a dentist); 53

57 (i) (j) (k) (l) (m) anaesthesia in connection with oral surgery; periodontics excluding periodontic appliances; (i) (ii) (iii) (iv) endodontics; (i) (ii) (iii) (iv) (v) (vi) non-surgical services; surgical services; adjunctive procedures (occlusal equilibration not exceeding eight (8) time units every year); alveoplasty; pulpcapping; pulpotomy; root canal therapy; periapical services; intentional removal, apical filling and reimplantation; emergency procedures; repair or adjustment of dentures; relining or rebasing of dentures. 8. Major Dental Services covered under this plan are: (c) (d) (e) (f) inlays, onlays, crowns, including gold and porcelain veneer restorations, (where other material is not suitable); (i) (ii) (iii) metal inlay restorations; porcelain inlay restorations; crowns; fixed bridgework; (i) (ii) (iii) bridge pontics; retainers; other prosthetic services; repair or recementing of crowns, inlays, onlays, or existing fixed bridgework; partial and complete dentures; (i) (ii) (iii) (iv) examinations; (i) (ii) complete dentures; partial dentures; partial denture additions; addition of tooth; oral examination; prosthodontic evaluation; replacement of an existing denture, bridgework, crown, inlay or periodontal splinting where (i) (ii) (iii) the existing prosthesis is at least five (5) years old and cannot be made serviceable; the replacement is required to replace a temporary bridge or denture with a permanent bridge or denture; or the replacement is necessitated by the extraction of additional natural teeth while the claimant was covered under these Plans. 9. Orthodontic Dental Services covered under this plan are: observation adjustment; 54

58 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) oral examination; cephalometric radiograph; diagnostic cost; surgical exposure of unerupted tooth with orthodontic attachment; observation, adjustment; removal of fixed appliances repairs, alterations; active appliance for tooth guidance or uncomplicated tooth movement; retention appliances; comprehensive treatment. 10. This Plan does not cover expenses resulting from the following restorative services: (c) (d) (e) cosmetic services; dentures which have been lost, stolen or mislaid; prosthetic devices which were ordered before the patient became covered under this Plan, or which were ordered while the patient was covered but are installed after termination of the coverage; crowns, placed on a tooth not functionally impaired by incisal or cuspal damage; or services or goods rendered for full mouth reconstruction, for vertical dimensional correction or for correction of temporal mandibular joint dysfunction (treatment of the jaw bone). 11. A claim must be submitted within twelve (12) months following the date the dental services are provided to the participant and his or her eligible dependants in order for the expenses to be reimbursed from the Plan. 12. A participant shall be eligible to claim reimbursement in respect of dental services received during a period of approved leave from work without pay. 13. The Board shall determine the claims and administration procedures for the Plan including associated independent third party administration services. 14. This letter of understanding provides a general description of the Dental Plan. The Plan will be governed by the Dental Plan document which contains all the terms of the Dental Plan. The Board shall provide the Union with a copy of the Dental Plan document. 55

59 LETTER OF AGREEMENT BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) EMPLOYEE TRAINING FUND THE PARTIES agree that effective July 3, 2005, NAIT will provide a one-time contribution in the amount of $69,500. The purpose of the Training Fund is for AUPE Local 038 members to be trained and developed in the areas of Occupational Health and Safety, Project Management, Leadership, Supervisory Development, Business Administration and Academic Upgrading. Financial support will be restricted to courses offered as part of a certificate, diploma or degree program. A joint committee comprised of equal representation from NAIT Administration and AUPE Local 038 will establish terms of reference, evaluate training and development requests and administer the Fund. A report to NAIT on the disbursement of funds will be made on December 31 and June 30 of each year. Unspent funds will carryover from year to year until all funds are spent. LETTER OF AGREEMENT BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) AFFECTING LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) RE: Employment of Students THE PARTIES agree that, effective July 3 rd 2007, students hired in accordance with the provisions contained herein shall be included in the scope of the bargaining unit and shall be covered by the collective agreement. Students shall be employed as casual employees and shall be enrolled in high school or any postsecondary learning institution or any vocational learning institution. Any student employed under this agreement shall be paid and compensated at a rate of pay outlined in each Category, and the rate of pay shall apply to students hired in accordance with the conditions listed herein. CATEGORY STU1 THE PARTIES agree that students may be employed to perform work over the course of the summer months, and shall have a start date no earlier than April 15 and a termination date not later than the following September 30. Students hired in this category shall be paid at a rate of thirteen dollars and fifty cents ($13.50) per hour. CATEGORY STU2 THE PARTIES agree that students may be employed to perform functions in various areas of NAIT (upon approval of the Union) during the year for relief or overload purposes only. Students hired in this category shall be paid at a rate of ten dollars ($10.00) per hour. CATEGORY STU3 THE PARTIES agree that students may be employed in functions normally termed as Laboratory/Facilities Monitors whose work assignments normally provide the opportunity for the student to perform activities such as school assignments or personal activities during the course of employment. Students hired in this category may be employed throughout the year. Students hired in this category shall be paid the minimum wage as outlined by the Province of Alberta. 56

60 LETTER OF UNDERSTANDING BETWEEN THE ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) ON BEHALF OF LOCAL 038 AND THE NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) JURISDICTIONAL REVIEW PROCESS LETTER OF AGREEMENT The Jurisdictional Review Process Letter of Agreement (JRP-LOA) will continue to operate during the term of this collective agreement or until the Sims Arbitration Panel issues an award regarding the matter pursuant to its appointment for the 2008 collective agreement. The parties recognize that there are outstanding issues regarding the application of this Collective Agreement and the inclusion or exclusion of employees from the bargaining unit represented by the Union. Nothing in this Collective Agreement shall prejudice the right of the Union to challenge the constitutional legality of Section 12(1) of the Public Service Employee Relations Act nor the right of the Northern Alberta Institute of Technology to respond to any such challenge. Neither the continuation of the JRP-LOA nor anything else in this Letter of understanding shall be construed to prejudice the position of either party in any legal proceeding. LETTER OF UNDERSTANDING BETWEEN NORTHERN ALBERTA INSTITUTE OF TECHNOLOGY (NAIT) AND ALBERTA UNION OF PROVINCIAL EMPLOYEES (AUPE) ON BEHALF OF LOCAL 038 RE: Forty (40) Hour Rates of Pay The Parties agree that the previously established rates of pay for the forty (40) hour job codes commencing with F in the Appendix are inaccurate when compared to the rates of pay for the thirty six and a quarter (36.25) hour job codes for the same class. The premise for the change is that there should be no difference in the hourly rate of pay for employees working in a thirty six and a quarter (36.25) hour class and those working in a forty (40) hour class. Currently the hourly rates of pay are different. The job codes affected are F041, F042, F043, F044, F045, F046, F103, F104, F216, F501, F503, F504, F505, and F506. The Parties further agree that all Employees in the above-mentioned job codes as of the date of ratification of this agreement will be grandfathered and eligible for full salary and benefits including negotiated changes/increases. If employees are negatively affected by the grandfathering when compared to the new grids, such employees will be moved to the step on the new grid that exceeds their current rate of pay. Effective with the date of ratification of this agreement, a new pay schedule/grid will be implemented and published in the Appendix for all new hires in the above-mentioned job codes which will reflect the same hourly rate of pay for the forty (40) hour job codes and the thirty six and one quarter (36.25) hour job codes. 57

61 58

62 1

63 2

64 3

65 4

66 5

67 6

68 7

69 8

70 9